Teachers Service Commission v Kenya National Union of Teachers (KNUT) & 3 Others [2015] KECA 1008 (KLR)
- Court
- Court of Appeal
- Case number
- 1008
- Citation
- [2015] KECA 1008 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of the Judgment and Orders of the Employment and Labour Relations CourtCoramM.WARSAME, J. MOHAMMED, S. OLE KANTAI
Holding
A conditional stay of execution of the Judgment delivered on 30th June, 2015 is granted with specific terms
Facts
The Teachers Service Commission applied for a stay of execution of the Judgment and Orders of the Employment and Labour Relations Court in Nairobi Petition No. 3 of 2015, claiming that the intended appeal has considerable chances of success and would be rendered nugatory if the judgment is implemented.
Issues
- Whether the judgment should be stayed due to the possibility of an appeal
- Implementation of the increment ordered by the Judge
Reasoning
The Court balances the interests of the parties and considers the possibility of an appeal, deciding to stay the execution of the judgment to allow for the appeal process.
Outcome
The judgment is stayed with specific terms
Orders
- Conditional stay of execution of the Judgment delivered on 30th June, 2015
- Increment ordered by the Judge to be implemented with immediate effect from 1st August, 2015
- Arrears of salary and allowances to be stayed until hearing and determination of the appeal
- Applicants and interested parties to file and serve their respective appeals within 14 days
- Parties to file and exchange written submissions within 7 days
- Written submissions to be limited to 20 pages font 12 double-space
- Appeal to be heard on 22nd September, 2015
- Deputy Registrar of the Employment and Labour Relations Court to supply certified proceedings and Judgment to the respective parties by 29th July, 2015
- Costs of the Motion to abide the appeal
Remedies
- Conditional stay of execution of the Judgment
- Increment ordered by the Judge to be implemented with immediate effect from 1st August, 2015
- Arrears of salary and allowances to be stayed until hearing and determination of the appeal
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
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