Parapet Limited v Onchiri [2025] KEELRC 1139 (KLR)

Parapet Limited v Onchiri (Appeal E123 of 2024) [2025] KEELRC 1139 (KLR) (27 March 2025) (Ruling)

Neutral citation: [2025] KEELRC 1139 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Mombasa

Appeal E123 of 2024

K Ocharo, J

March 27, 2025

Between

Parapet Limited

Appellant

and

Thomas Gekonde Onchiri

Respondent

Ruling

1. The Appellant/ Applicant, through the application dated 26th September 2024, seeks for stay of execution of the decree in Mombasa MCC-ELRC No. E 740 of 2021, Thomas Gekonde Onchiri v Parapet Limited, pending the hearing and determination of the appeal herein.

2. This Court is aware that the instant appeal belongs to a series of appeals filed by the Appellant against the Judgments of the Learned trial Magistrate, in a series of suits by employees against the Appellant. Further, in some of the appeals, this court has given conditional stay of execution orders, and the matters are slated for mention on 15th May 2025, for directions on the hearing of the appeals.

3. In the circumstances, the overriding objective of the court, and prudence, requires that similar orders of stay pending appeal be granted in this appeal, and that focus be directed towards the hearing of the appeal.

4. By reason of the foregoing premises, I am prompted to give the following orders;I.There shall be a stay of execution of the decree in the above-mentioned lower court matter- Mombasa MCC-ELRC NO. 740 OF 21, pending the hearing and determination of the appeal herein, subject to the Appellant depositing the sum of KShs. 627,100 in court within 45 days of today.II.In the event of default, execution to proceed.

DATED, SIGNED AND DELIVERED VIRTUALLY IN MOMBASA THIS 27TH DAY OF MARCH 2025. OCHARO KEBIRAJUDGE