Nakuru Water Sanitation Services v Trusted Society of Human Rights Alliance [2014] KECA 727 (KLR)
- Court
- Court of Appeal
- Case number
- 727
- Citation
- [2014] KECA 727 (KLR)
- Decided
- 21 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant corporation seeks a stay of execution of the decree from the judgment of the Nakuru Industrial Court Petition No.5/2013 pending hearing and determination of an intended appeal.CoramD. K. MARAGA, J. W. MWERA, G. B. M. KARIUKI
Holding
We allow this application. Costs of this application will be in the appeal.
Facts
The respondent organization successfully challenged the manner in which the applicant had hired some staff in the Industrial Court at Nakuru as being irregular. The recruitment was invalidated and a fresh one ordered. The decree was partially executed when the involved staff were not employed and the applicant was poised to commence the process of recruitment afresh.
Issues
- Whether the appeal is arguable.
- Whether the appeal will be rendered nugatory in the event the intended appeal succeeds.
Reasoning
The appeal is arguable on the grounds of jurisdiction of the Industrial Court and the legal personality of the respondent. The applicant is a public body and may find it hard to recover the paid costs if the appeal succeeds.
Outcome
Appeal allowed
Orders
- Stay of execution of the decree from the judgment of the Nakuru Industrial Court Petition No.5/2013 pending hearing and determination of an intended appeal.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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