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Kenya Methodist University v Mary Kaungania & Another [2017] KECA 750 (KLR)

[2017] KECA 750 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
750
Citation
[2017] KECA 750 (KLR)
Decided
1 March 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks an order staying further proceedings in the Employment and Labour Relations Court pending the hearing and determination of the intended appeal.CoramR.N. Nambuye, H.M. Okwengu, P.O. Kige
Holding

The court grants the application for an order staying further proceedings in the Employment and Labour Relations Court pending the hearing and determination of the intended appeal.

Facts

Respondents were seconded to Kenya Methodist University by the presiding Bishop of the Methodist Church of Kenya. They filed separate causes in the Employment and Labour Relations Court, which the applicant unsuccessfully resisted.

Issues

  1. Whether the intended appeal is arguable.
  2. Whether the applicant is the employer of the respondents.
  3. Whether the termination was unfair.

Reasoning

The court finds the intended appeal arguable and grants the stay to preserve the subject matter of the appeal.

Outcome

Granted

Orders

  • Ordering a stay of further proceedings in the Employment and Labour Relations Court pending the hearing and determination of the intended appeal.

Authorities cited

Cases cited (3)
  • Equity Bank Limited v West Link Mbo Limited
  • Reliance Bank Limited v Norlake Investments Limited
  • 748 Air Services Limited v Theuri Munyi
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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