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JudgmentRegistered Trustees Of Anglican Church Of Kenya(st Peters Church Kahawa Sukari) VS Kepha Gathuta Githinji1 min read

Registered Trustees Of Anglican Church Of Kenya(st Peters Church Kahawa Sukari) VS Kepha Gathuta Githinji

Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC) · · J. N. Abuodha

Summary

The court reviewed an application for stay of execution of a judgment by Hon. J. A. Agonda in Ruiru SPMS ELRC NO. E017 OF 2023. The appellant, a church, sought to deposit half the decretal sum immediately or the full sum within 60 days, but the court noted the church's non-profit-making nature and reliance on tithes. The court ordered the appellant to secure a bankers guarantee for the full decretal sum within 21 days, considering the church's circumstances to avoid financial inconvenience.


  1. By a motion dated 29th January, 2024 the Appellant sought stay of execution of the judgment and decree of Hon. J. A. Agonda, Principal Magistrate in Ruiru SPMS ELRC NO. E017 OF 2023.
  2. On 15th February, 2024 the court gave directions that it would review and consider the application and render its ruling therein. Mr. Kimani for the appellant however informed the court that the appellant was willing to deposit half the decretal sum in court immediately or the full sum in 60 days. Ms. Wanja for the respondent however suggested that the full decretal sum be deposited in court or a joint interest earning account in the name of the advocate.
  3. The purpose of requiring an appellant to provide security for the decretal sum is to secure any order the court may ultimately make on the appeal. It is not intended to punish or place the applicant in financial difficulty. Each case ought to be considered in it’s own circumstances. The court notes that the appellant is a church hence not involved in any profit making business. It depends purely on elms and tithes by the worshipers hence it would be inconvenient to require it to deposit any money in court or joint interest earning account in the name of the advocates. In the circumstances the court hereby orders that the appellant secures a suitable bankers guarantee for the full decretal sum to be filed with the court within 21 days of this order.
  4. Matter to be mentioned on 13th May, 2024 to confirm compliance.
  5. It is so ordered.

Dated this ……………..………………day of April, 2024

Delivered this ……………………….. day of April, 2024

Abuodha Nelson Jorum

Judge

    Registered Trustees Of Anglican Church Of Kenya(st Peters Church Kahawa Sukari) VS Kepha Gathuta Githinji Registered Trustees Of Anglican Church Of Kenya(st Peters Church Kahawa Sukari) VS Kepha Gathuta Githinji