Kenya Chemical Workers Union v Agri Seeds Co (K) Limited (Cause E0440 of 2022) [2025] KEELRC 1999 (KLR) (4 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1999
- Citation
- [2025] KEELRC 1999 (KLR)
- Decided
- 4 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks stay of execution of judgment and stay of further proceedingsCoramCN BAARI
Holding
Execution of the judgment is stayed pending the hearing and determination of the appeal
Facts
Claimant union won a judgment for compensation for unfair labor practices, but Respondent/Applicant argues it will be unable to recover the award due to the financial capability of the former employees suing through the union.
Issues
- Stay of execution of judgment
- Stay of further proceedings
Reasoning
The court grants the stay due to the Respondent/Applicant's arguable appeal, substantial loss, and lack of unreasonable delay, and the Respondent/Applicant's readiness to abide by the court's orders on costs.
Outcome
Execution of the judgment is stayed
Orders
- Execution of the judgment is stayed pending the hearing and determination of the appeal
- Respondent/Applicant is ordered to deposit Kshs.3,500,000 within 30 days of this order
- Claimant is at liberty to execute in default
- Respondent/Applicant's prayer for stay of further proceedings is dismissed
- Costs shall abide the appeal
Remedies
- Stay of execution of judgment
- Deposit of Kshs.3,500,000
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (2)
- Stephen Wanjohi v Central Glass Industries Ltd Nbi HCCC No. 6726 of 1991
- Century Oil Trading Company Ltd v Kenya Shell Limited Nairobi (Milimani) HCMCA No. 1561 of 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…