Energy Regulatory Commission v John Sigura Otido [2019] KECA 505 (KLR)
- Court
- Court of Appeal
- Case number
- 505
- Citation
- [2019] KECA 505 (KLR)
- Decided
- 19 July 2019
The Court finds that the intended appeal is arguable and that the trial court erred in its evaluation of evidence and application of law.
Facts
The respondent, John Sigura Otido, was interdicted by the Energy Regulatory Commission (ERC) on September 6, 2017, for alleged extortion and intimidation. Subsequently, the respondent filed two separate suits before the Employment and Labour Relations Court (ELRC), seeking injunctive orders to stop his interdiction. The first suit was dismissed, and the second suit is the subject of the application.
Issues
- Whether the intended appeal is arguable
- Whether the trial court erred in its evaluation of evidence and application of law
Reasoning
The Court considers whether the intended appeal is arguable and finds it to be arguable, contesting the trial court's evaluation of evidence and application of law. The Court also considers the nugatory aspects of the appeal and finds that the intended appeal is not rendered nugatory if the stay orders are not granted.
Outcome
The Court grants the application for stay of execution of the judgment and order of the trial court.
Orders
- Stay of execution of the judgment and decree of the trial court dated 10th April 2019
- Stay of reinstatement of the respondent and payment of the decretal sum
- Stay of any further proceedings before the Employment and Labour Relations Court pending the hearing and determination of the intended appeal
Authorities cited
Cases cited (4)
- Stanley Kang'ethe Kinyanjui - Tony Ketter & 5 Others, Civil Application No. NAI 31/2012
- Reliance Bank Ltd (In Liquidation) - v - Norlake Investments Ltd Civil Appl. No. Nai. 93/02 (UR)
- J.K. Industries Ltd. vs. Kenya Commercial Bank Ltd (1982 – 88) 1 KAR 1088
- Reliance Bank Limited (In Liquidation) vs. Norlake Investments Limited (unreported)
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