County Government Secretary/Chief Executive Officer Homabay County Government & another v Lilian Purity Nyajowi & 6 others [2020] KECA 67 (KLR)

Facts

The respondents were engaged by the applicants in various capacities and signed different contracts of employment. The contracts were supposed to run from 2nd January, 2019 to 1st January, 2022. The respondents stopped processing their salaries at the end of March, 2019 and were barred from accessing their offices and performing their duties.

Issues

1. Whether the application for stay of proceedings and consequential orders is arguable under Rule 5(2) b of the Rules of this Court.
2. Whether the applicants have an arguable appeal and if the order sought is not granted, the appeal will be rendered nugatory.

Reasoning

The applicants have not demonstrated that the appeal is arguable and that the order sought will not render the appeal nugatory. The applicants are aggrieved by the order of payment of salary arrears to the respondents, but the court is not persuaded that the amount cannot be recovered from them.

Outcome

Dismissed with costs

Authorities cited