Kaudo (suing as the Clerk Homa Bay County Assembly) v Speaker Homa Bay County Assembly & 8 others (Civil Application 119 of 2020) [2021] KECA 195 (KLR) (5 November 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 195
- Citation
- [2021] KECA 195 (KLR)
- Decided
- 5 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of conservatory orders pending appealCoramJUDGE OF APPEAL, MOHAMMED, Makhandia, Nduma Nderi
Holding
The Court finds the intended appeal arguable and denies the application for a stay of execution of the conservatory orders.
Facts
The applicant, Daniel Odhiambo Kaudo, is the Clerk of Homa Bay County Assembly. He seeks a stay of an order from the Employment & Labour Relations Court (ELRC) restraining him from assuming his office as Clerk of the Assembly pending the hearing and determination of an intended appeal.
Issues
- Whether the applicant's appeal is arguable
- Whether the appeal, if successful, would be rendered nugatory if the orders sought are not granted
Reasoning
The Court considers the grounds for the appeal and finds them arguable. The Court also determines that the appeal, if successful, would not be rendered nugatory.
Outcome
Application denied
Authorities cited
Cases cited (3)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
- Raphael Kakene Muloki & another v Cabinet Secretary of Lands and 2 Others [2021] 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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