[2019] KEELRC 1434 (KLR)
The court held that the applicant is entitled to a stay of execution pending appeal, but such stay is conditional upon the deposit of Kshs. 2 million in a joint interest-earning account held by counsel for both parties. The court rejected the applicant's argument that the Government Proceedings Act exempts them from...
Source-derived case information.
- Citation
- [2019] KEELRC 1434 (KLR)
- Parties
- Respondent: Samuel Maina Njoroge; Applicant: Teachers Service Commission; Defendant: The Cabinet Secretary, Ministry of Education; Interested Party: Board of Management, Thangira Umoja Secondary School; Interested Party: Grace Njeri Mwangi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 236 of 2016
- Procedural Posture
- Stay Application / Ruling on Application for Stay Pending Appeal
- Outcome
- Stay of execution granted conditionally.
- Judges
- AN Makau
- Legal Topics
- Stay of Execution, Government Proceedings, Security for Due Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Maina Njoroge
Respondent
Teachers Service Commission
Applicant
The Cabinet Secretary, Ministry of Education
Defendant
Board of Management, Thangira Umoja Secondary School
Interested Party
Grace Njeri Mwangi
Interested Party
Procedural Posture
Stay Application / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending appeal.
- 2 Whether the Government Proceedings Act exempts the applicant from providing security for the due performance of the decree.
Ratio Decidendi
The court held that the applicant is entitled to a stay of execution pending appeal, but such stay is conditional upon the deposit of Kshs. 2 million in a joint interest-earning account held by counsel for both parties. The court rejected the applicant's argument that the Government Proceedings Act exempts them from providing security, noting that only the Central Government may claim such exemption. The rationale is to ensure that the respondent is protected and that the applicant does not evade liability under the guise of government proceedings.
Court Disposition
Stay of execution granted conditionally.
Orders
- Stay of execution is granted on condition that the 1st Respondent deposits Kshs. 2 million in a joint interest-earning account held jointly by counsel for the Claimant and the Respondent within 21 days.
- If the deposit is not made within 21 days, the stay shall automatically lapse and execution may issue.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CASE NO. 236 OF 2016
SAMUEL MAINA NJOROGE............................CLAIMANT/RESPONDENT
VERSUS
TEACHERS SERVICE COMMISSION....1ST RESPONDENT/APPLICANT
THE CABINET SECRETARY
MINISTRY OF EDUCATION..............................................2ND DEFENDANT
AND
BOARD OF MANAGEMENT,
THANGIRA UMOJA SECONDARY SCHOOL..1ST INTERESTED PARTY
GRACE NJERI MWANGI....................................2ND INTERESTED PARTY
RULING
1. The Respondent is seeking stay and the stay sought is that they should be permitted stay pending appeal. In the motion they assert there were grounds for grant of stay because they have an arguable appeal with an overwhelming chance of success whereas the Respondent is of the view the Court cannot award general damages, the Court will grant the stay sought but on condition. The Respondent urges that it is involved in Government Proceedings Act not to suffer consequences of conditions such as security. I disagree. Except for the Central Government most entities that shelter under that umbrella have no money they can confidently assert to be theirs except for some amounts such as what I’ll order to be deposited on a fixed account held jointly by the Counsel for the Claimant and the Respondent.
2. The stay is granted conditional on the 1st Respondent depositing a sum of Kshs. 2 Million in a joint interest earning account in the next 21 days failing which stay granted shall automatically lapse and execution issue.
It is so ordered.
Dated and delivered at Nyeri this 11th day of June 2019
Nzioki wa Makau
JUDGE
I certify that this is a
true copy of the Original
Deputy Registrar