Kenya Case Law

University of Nairobi v M

University of Nairobi v M [2025] KEELRC 2031 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E071 of 2025

Judge

JW Keli

The court found that the applicant, University of Nairobi, had satisfied the requirements for a stay of execution pending appeal. The application was filed without delay, and the judgment sum was substantial. The respondent, being retired, had not demonstrated financial capacity to refund the decretal sum if the appeal succeeded, creating a real risk of the appeal being rendered nugatory. The court held that as a public university funded by the exchequer, the applicant was exempt from providing security for costs under Order 42 Rule 8 of the Civil Procedure Rules. The court further found that…

Source excerpt

• Stay Of Execution
• Collective Bargaining Agreements
• Public Institutions Liability
• Security For Costs
• Substantial Loss
• Money Decree

Mngiwa General Contractors Limited v Coast Institute of Technology & 2 others

Mngiwa General Contractors Limited v Coast Institute of Technology & 2 others [2024] KEHC 15904 (KLR)

Court

High Court

Case number

Commercial Arbitration Cause E001 of 2022

Judge

JK Ng'arng'ar

The High Court held that execution against the 1st defendant, a government institution, had to comply with the Government Proceedings Act and set aside the attachment process.

• Arbitral Award Enforcement
• Government Proceedings Act
• Execution Against Government
• Jurisdiction Functus Officio
• Public Institutions Liability
• Arbitral-award-enforcement

Jomo Kenyatta University of Agriculture & Technology v Kwanza Estates Limited

Jomo Kenyatta University of Agriculture & Technology v Kwanza Estates Limited [2024] KEELC 13569 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E026 of 2023

Judge

MAO Odeny

The Environment and Land Court granted a conditional stay of execution pending appeal, finding the application was not delayed and that security was still required.

• Stay Of Execution
• Security For Costs
• Public Institutions Liability
• Mesne Profits
• Summary Judgment
• Timeliness Of Application

Jomo Kenyatta University of Agriculture & Technology v Kwanza Estates Limited

Jomo Kenyatta University of Agriculture & Technology v Kwanza Estates Limited [2023] KEELC 22625 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E026 of 2023

Judge

MAO Odeny

The Environment and Land Court granted stay of execution pending appeal, finding the application was timely and requiring security if the record of appeal is not filed on time.

• Stay Of Execution
• Security For Costs
• Public Institutions Liability
• Mesne Profits
• Summary Judgment
• Timeliness Of Application

Akirang’ondu Boys Secondary School & 2 others v Akaiga

Akirang’ondu Boys Secondary School & 2 others v Akaiga [2022] KEELRC 3922 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E002 of 2021

Judge

DKN Marete

The court allowed a late appeal and stay application, finding the delay excusable due to Covid-19 disruptions and that the intended appeal was arguable.

• Stay Of Execution
• Extension Of Time
• Default Judgment
• Public Institutions Liability
• Stay-of-execution
• Extension-of-time

Board of Management-Pumwani Girls Secondary School v Joseph Mbulula Mutwike t/a Lathemacs Engineering Works

Board of Management-Pumwani Girls Secondary School v Joseph Mbulula Mutwike t/a Lathemacs Engineering Works [2019] KEHC 2731 (KLR)

Court

High Court

Case number

Civil Appeal 406 of 2019

Judge

LM Njuguna

The court found that the application for stay of execution was filed without unreasonable delay and that the applicant, being a public secondary school, demonstrated that execution of the judgment would cause substantial loss by potentially crippling its operations and prejudicing students. However, the court held that the applicant, as a Board of Management and a body corporate, is not exempt from providing security for due performance under Order 42, Rule 8 of the Civil Procedure Rules, as it does not qualify as a State organ or the Government. Consequently, the court allowed the applicatio…

Source excerpt

• Stay Of Execution
• Security For Due Performance
• Public Institutions Liability