Britam General Insurance Company Kenya Limited v Abigail Khasoa Simiyu [2020] KECA 57 (KLR)
- Court
- Court of Appeal
- Case number
- 57
- Citation
- [2020] KECA 57 (KLR)
- Decided
- 18 December 2020
The application is allowed, with the exception of the order directing payment of pension dues, the judgment of the ELC is hereby stayed pending the hearing and determination of the intended appeal.
Facts
The respondent, Abigail Khasoa Simiyu, was employed as the chief claims manager of the applicant, Britam General Insurance Company Kenya Limited. The Employment and Labour Relations Court (ELC) found that her employment was justifiably terminated on grounds of neglect of duty. The respondent claimed wrongful termination and was awarded Kshs.8,558,383.72.
Issues
- Whether the applicant's appeal is arguable
- Whether the intended appeal will be rendered nugatory if successful
Reasoning
The Court considers the applicant's appeal arguable and that the intended appeal will not be rendered nugatory if the judgment is not stayed.
Outcome
The judgment of the ELC is stayed pending the hearing and determination of the intended appeal.
Orders
- The judgment of the ELC is hereby stayed pending the hearing and determination of the intended appeal
Remedies
- The costs of the application will abide the outcome of the intended appeal
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