Emirates Airline Limited v Stephen Chase Kisaka [2016] KECA 807 (KLR)
- Court
- Court of Appeal
- Case number
- 807
- Citation
- [2016] KECA 807 (KLR)
- Decided
- 5 February 2016
The orders of the Employment and Labour Relations Court are hereby stayed pending the hearing and determination of the appeal.
Facts
Stephen Chase Kisaka was the Sales and Marketing Manager of Emirates Airline Limited until October 27, 2014, when he was terminated and the company began recruiting a new candidate for the position. Kisaka filed a suit in the Employment and Labour Relations Court claiming unfair dismissal and seeking a temporary injunction.
Issues
- Whether the appeal is arguable.
- Whether the intended appeal would be rendered nugatory if the orders of stay of execution are not granted.
Reasoning
The Court finds the appeal arguable and that the intended appeal would be rendered nugatory if the orders are not granted. The balance of convenience lies in favour of the applicant.
Outcome
The orders of the Employment and Labour Relations Court are hereby stayed pending the hearing and determination of the appeal.
Orders
- Stay of the orders granted by Wasilwa, J.
- Allow the applicant to appoint a Sales Manager pending the hearing and determination of the appeal
Remedies
- Stay of the orders granted by Wasilwa, J.
- Allow the applicant to appoint a Sales Manager
Authorities cited
Legislation (2)
- Industrial Court Act
- Employment and Labour Relations Act
Cases cited (3)
- Republic v Kenya Anti-Corruption Commission & 2 Others [2009] KLR 31
- Stanley Kangethe Kinyanjui v Tony Ketter & 2 Others [2013] eKLR
- Martin Nyaga Wambora V County Assembly of Embu & 6 Others [2015] eKLR
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