Kenya Power & Lighting Company Limited v Cyrus Ireri Daniel [2017] KECA 58 (KLR)
- Court
- Court of Appeal
- Case number
- 58
- Citation
- [2017] KECA 58 (KLR)
- Decided
- 20 December 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment pending appealCoramG. B. M. Kariuki, F. Sichaile, S. ole Kantai
Holding
The application is allowed, and the orders prayed for are granted.
Facts
The respondent was dismissed from employment by the applicant in 2015. He was later convicted of obtaining by false pretenses and served a jail term. The respondent appealed against the conviction and was acquitted.
Issues
- Whether the Employment and Labour Relations Court's decision was correctly interpreted
- Whether the appeal would be rendered nugatory if successful
Reasoning
The appeal is arguable and may be rendered nugatory if successful without the stay. The respondent may not be able to recoup the applicant if the appeal succeeds.
Outcome
The application is granted.
Orders
- Stay of execution of the judgment and orders of the Employment and Labour Relations Court pending the hearing and determination of the intended appeal
Remedies
- Payment of 8 months' gross salaries at Kshs 154,104.30 per month by the applicant to the respondent
Authorities cited
Legislation (2)
- Employment Act
- Penal Code
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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