Maina v Takaful Insurance of Africa Limited (Employment and Labour Relations Cause E872 of 2021) [2026] KEELRC 378 (KLR) (16 February 2026) (Ruling)

Summary at a glance

Facts

The Respondent (Applicant) filed a notice of motion application seeking a stay of execution of a judgment in their favor, claiming substantial loss if the judgment is executed. The Respondent had filed an appeal to the Court of Appeal.

Issues

• Whether to grant a stay of execution pending appeal
• Whether the Applicant has met the requirements for grant of stay of execution

Reasoning

The court found that the justice of the case is in favor of granting the stay of execution pending the hearing and determination of the intended appeal, considering the inordinate delay in filing the application and the Respondent's inability to recover the decretal sum if the appeal is successful.

Outcome

The court grants the stay of execution of the judgment on condition the Applicant deposits the decretal sum in a joint interest earning account within 30 days.

Orders

• Stay of execution of the judgment of 23rd January 2025 is granted on condition the Applicant deposits the decretal sum certificated by the Deputy Registrar in a joint interest earning account in the names of the Advocates for the parties within 30 days of this Ruling.
• Each party to bear their costs of this application.

Remedies

• Stay of execution of the judgment pending appeal

Authorities cited