County Public Service Board Kitui v Kenya County Government Workers Union [2017] KECA 49 (KLR)
- Court
- Court of Appeal
- Case number
- 49
- Citation
- [2017] KECA 49 (KLR)
- Decided
- 20 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of further proceedings pending appealCoramG.B.M. Kariuki, F. Sichale, S. ole Kantai
Holding
The Court grants the application for a stay of proceedings pending the hearing and determination of the intended appeal.
Facts
The Kenya County Government Workers Union filed a suit against the County Public Service Board of Kitui, alleging unlawful termination of Oscar Kiili Nzulu by the Kitui Municipal Council. The case was heard, and the trial judge ruled that the suit could proceed despite the death of the claimant.
Issues
- Whether Section 82 of the Law of the Succession Act applies to Trade Union members.
- Whether the intended appeal would be rendered nugatory if the stay is not granted.
Reasoning
The Court found that the applicant has an arguable appeal and that the appeal would be rendered nugatory if the stay is not granted.
Outcome
The application for stay of proceedings is granted.
Orders
- That the honourable court be pleased to grant a stay of proceedings in Nyeri Employment and Labour Relations Court Cause No. 45 of 2016 pending the hearing and determination of an intended appeal from the ruling and orders of Justice Byram Ongaya delivered on 16th June, 2017.
Remedies
- That the costs of this application be provided for.
Authorities cited
Legislation (1)
- Law of the Succession Act
Cases cited (2)
- MULTIMEDIA UNIVERSITY & ANOTHER –VS- PROFESSOR GITILE N. NAITULI (2014) eKLR
- Stanley Kangethe Kinyanjui vs. Tony Ketter & Others [2103[ eKLR
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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