Attorney General v Rachael Mutheu Ndambuki [2020] KECA 122 (KLR)
- Court
- Court of Appeal
- Case number
- 122
- Citation
- [2020] KECA 122 (KLR)
- Decided
- 4 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings and execution pending appealCoramW. Ouko (P), R. N. Nambuye, P.O Kige
Holding
The application is dismissed with costs to the respondent.
Facts
The Attorney General applied for a stay of proceedings and execution pending appeal of the ruling of the Employment and Labour Relations Court (Hon. J. Rika, J.) dated 25th October 2019 in Constitutional Petition No. 2 of 2019, and for a stay of the payment and execution of a fine of Kshs. 250,000.
Issues
- Whether the application for stay of proceedings and execution pending appeal is arguable.
- Whether the relief sought is nugatory if granted.
Reasoning
The Court found that the application was arguable and satisfied the first principle for grant of relief under rule 5(2)(b). However, the Court did not find that the relief sought would render the intended appeal nugatory, as the fine could still be recovered if the appeal is successful.
Outcome
Application dismissed
Orders
- Application for stay of proceedings and execution pending appeal dismissed.
- Application for stay of payment and execution of fine of Kshs. 250,000 dismissed.
Authorities cited
Cases cited (1)
- Stanley Kang'ethe vs. Tony Keter & Others [2013]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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