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Court declines employer’s bid to reduce security deposit in work injury appeal

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5 months ago

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The company had moved to the Court of Appeal seeking a stay of execution. The Court of Appeal has dismissed an employer’s attempt to reduce the security required to halt enforcement of a compensation award arising from a workplace injury.

In a ruling, the appellate court rejected an application by Elite Tools Limited seeking a stay of execution of a decision that had adopted a statutory compensation award as a court judgment.

The employer had also urged the court to interfere with conditions imposed by the trial court requiring it to deposit the full award amount as security pending appeal.

The dispute stems from injuries sustained by Gilbert Kiprotich Murei while in the course of his employment with Elite Tools Limited.

Following an assessment under the Work Injury Benefits Act (WIBA), the Director of Occupational Safety and Health Services awarded Murei compensation of Sh813,340 on March 11, 2024.

A formal notice of the award, accompanied by a demand for payment, was served on the employer.

“But it would appear the applicant (employer) did not honour the demand. The respondent (Murei) then moved the Employment and Labour Relations Court (ELRC) in October 2024,” court records indicate.

“He applied to have the award adopted as a judgment of the court and for judgment to be entered in his favour against the applicant in terms of the award.”

In a ruling delivered on May 29, 2025, Justice James Rika Radido allowed the application and entered judgment against the employer for Sh813,340 together with interest at court rates.

The company then moved to the Court of Appeal seeking a stay of execution pending the hearing of the intended appeal.

In the same application, the company asked the court to set aside conditional stay orders issued by the trial court.

It also sought in the same application an order “to set aside orders of stay of execution issued by the trial court for the deposit of Sh813,340 as security” and for “review of the sum of Sh411,840 pending the hearing and determination of the intended appeal.”

In support of the application, the employer relied on affidavits sworn by its accounts manager, asserting that the company was experiencing financial difficulties and was unable to raise the full sum of Sh813,340.

The company argued that it had exhausted all avenues to mobilise the amount without success and that it would suffer substantial loss if execution was allowed to proceed.

Murei, however, opposed the application, maintaining that he had suffered grave injuries, including spinal injuries and multiple rib fractures, and that the compensation had been properly assessed by the Director of Occupational Safety and Health Services.

He noted that the employer had neither challenged the assessment nor paid the award despite demand, terming the appeal an abuse of the court process.

In considering the application, the appellate court restated the settled principles governing applications for stay of execution under Rule 5 of the Court of Appeal Rules.

An applicant must demonstrate, first, that the intended appeal is arguable and, second, that the appeal would be rendered nugatory (of no value) if the stay is not granted.

On the first limb, the court gave the employer the benefit of the doubt.

It noted that the draft appeal raised issues including alleged violation of the right to be heard, failure by the trial court to consider partial payments said to have been made, and inadequate evaluation of the evidence.

Citing precedent, the court reiterated that an arguable appeal need not ultimately succeed, only that it is not frivolous.

However, the application foundered on the second limb.

The judges were not persuaded that the employer had demonstrated that the appeal would be rendered nugatory if execution proceeded.

While the company had emphasised its own financial difficulties, the court underscored that the critical consideration is the Murei’s ability to refund the decretal sum should the appeal succeed.

“The applicant does not assert that the respondent would not be able to refund the judgment amount in the event that the appeal succeeds,” the court observed.

It further noted that the employer appeared to have already obtained conditional stay orders before the Employment and Labour Relations Court, although the details of those orders were not properly placed before the appellate court.

In the absence of material showing that payment of the award would irreparably prejudice the appeal, the court declined to exercise its discretion in the employer’s favour. As a result, the bid to set aside the security conditions and to reduce the deposit to Sh411,840 was rejected. The application was dismissed, with costs going to Murei-STAR

 

 

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National Assembly dismisses claims Sacco Bill is being rushed through Parliament

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15 hours ago

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July 14, 2026

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The National Assembly has dismissed reports that the Sacco Societies (Amendment) Bill, 2025, is being rushed through Parliament, saying the proposed law is still undergoing public participation.

Through infographics shared on Facebook on Tuesday, July 14, 2026, Parliament said misleading information had been circulating online about the Bill, formally known as the Sacco Societies (Amendment) Bill, National Assembly Bill No. 32 of 2025.

Bill was published in June 2025

The National Assembly said the Bill was published on June 30, 2025, and had remained under consideration for more than 12 months.

It rejected suggestions that lawmakers were fast-tracking the proposed amendments without allowing enough time for scrutiny.

According to Parliament, the lengthy period between the publication of the Bill and its current consideration shows that it is not being rushed.

Bill currently before the National Assembly committee

The Sacco Societies Amendment Bill is currently before the National Assembly’s Departmental Committee on Trade, Industry and Cooperatives.

The committee is conducting public participation and receiving views from members of the public and other stakeholders.

The submissions are expected to help the committee assess the proposed amendments before presenting its recommendations to the National Assembly.

What happens after public participation?

After the public participation process is concluded, the committee will prepare a report containing its findings and recommendations.

Parliament said the views submitted by members of the public and stakeholders could inform further amendments to the Bill.

The proposed legislation will then proceed to the National Assembly for consideration by MPs.

This means the Bill has not yet completed the legislative process and could still be amended based on the submissions received during public participation.

Bill will be forwarded to Senate

The National Assembly also clarified that the Bill will not proceed directly for presidential assent after being passed by MPs.

Because the proposed legislation concerns county governments, it will be forwarded to the Senate for consideration in accordance with the Constitution.

The Senate will be required to consider the Bill before it can complete the parliamentary process and be presented for presidential assent.

Parliament urged members of the public to rely on verified information about the Sacco Societies Amendment Bill instead of unconfirmed reports circulating online-PeopleDaily.Digital.

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Digital house-hunting platform bets on technology to reshape Nairobi’s rental market

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15 hours ago

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July 14, 2026

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NAIROBI, Kenya, July 14 – A growing shift towards digital property searches is changing how Kenyans find rental homes, with real estate technology platform Reemio positioning itself as a solution to longstanding challenges.

This included fraudulent listings, costly house searches and limited market transparency.

As younger, tech-savvy consumers turn to online platforms to make purchasing decisions, the company says digitizing the rental process could improve efficiency for both tenants and landlords while lowering transaction costs.

“Our niche is to solve the problem of house hunting and also bring trust into that process. We use technology to connect renters and landlords,” said Kimani.

Kimani said the platform seeks to address inefficiencies that have traditionally made house hunting expensive and time-consuming.

Instead of physically visiting multiple properties, users can browse verified listings, take virtual tours, compare amenities and access information on additional costs such as water charges, electricity bills and service fees before scheduling physical viewings.

Beyond improving convenience for tenants, Reemio argues that technology can help landlords reduce marketing costs, shorten vacancy periods and reach a wider pool of prospective tenants, including Kenyans living abroad.

The company says its platform also generates market data that can help property owners and developers better understand evolving consumer preferences, although its long-term impact will depend on wider adoption of digital property platforms and continued investment in trustworthy online real estate marketplaces-Capitalfm.co.ke.

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ORPP edges two parties closer to joining Kenya’s political arena

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15 hours ago

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July 14, 2026

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The Office of the Registrar of Political Parties (ORPP) has issued a notice for the provisional registration of two proposed political parties, opening a seven-day window for members of the public to lodge objections.

In a notice published by the Registrar of Political Parties and Chief Executive Officer J.C. Lorionokou, the ORPP announced that the Social Democratic Party of Kenya (SDP) and the People’s Alternative Voice (PAV) are in the process of being provisionally registered under Section 5(2)(a) of the Political Parties Act.

The ORPP, a State office established under Section 33 of the Political Parties Act and Article 260 of the Constitution, said its mandate includes registering and regulating political parties as well as administering the Political Parties Fund.

According to the notice, the Social Democratic Party of Kenya (SDP) has adopted pink, white and sky blue as its official party colours, with the slogan “Change – Mageuzi.” The party’s symbol is the acronym SDP enclosed inside a circle.

The party’s listed founder members are Nyangong’ Duncan Nyumbah, Omwandasi Jared Dishon and Kinyua Mary Wacuka.

The founders of PAV are listed as Odenyo John Fitzgerald Elly, Nyando Rachel Mmboga and Ali Hussein Kiplangat.

The Registrar said particulars of the two proposed political parties have been published on the ORPP website to facilitate public scrutiny as required by law.

Any person wishing to oppose the provisional registration of either party has seven days from the date of publication of the notice to submit objections either in writing or in person to the Office of the Registrar of Political Parties at Lion Place, Fourth Floor, Waiyaki Way at Karuna Close, Nairobi.

The provisional registration marks the first step in the legal process of establishing a political party in Kenya.

Kenya has 91 fully registered political parties. The ORPP’s updated register indicates that, as of January 2026, there were 91 parties that had met the legal requirements for full registration under the Political Parties Act-STAR.

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