African Marine and General Engineering Company Limited v Philip (Appeal E234 of 2024) [2025] KEELRC 812 (KLR) (6 March 2025) (Ruling)

Summary at a glance

Facts

The appellant filed an application seeking a stay of proceedings before the trial court due to a ruling on objections under Section 89 of the Employment Act, which held the suit was time-barred and thus the trial court had no jurisdiction.

Issues

• Whether the court should stay proceedings before the trial court pending the appeal hearing

Reasoning

The court dismissed the appellant's objections to the trial court's jurisdiction due to the suit being time-barred. The appellant has raised serious questions of law on the application of Section 89 of the Employment Act and the issue of jurisdiction in the appeal.

Outcome

The appeal is allowed, and the court shall hear the appeal.

Orders

• A stay of proceedings in Mombasa CMELRC No.E273 of 2024 to allow the court to hear the appeal

Remedies

• Costs to abide by the outcome of the appeal

Authorities cited