Francis O. Oyier & others v National Water Conservation & Pipeline Conservation & 2 others [2021] KECA 589 (KLR)
- Court
- Court of Appeal
- Case number
- 589
- Citation
- [2021] KECA 589 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending the hearing and determination of an intended appealCoramW. OUKO, HANNAH OKWENGU, S. GATEMBU KAIRU, FCIArb
Holding
The application for stay of execution is dismissed with no orders as to costs.
Facts
The applicants were originally employed by the Ministry of Water and Irrigation, but were seconded to the 1st respondent. They challenged the 1st respondent's decision to redeploy them back to the parent ministry.
Issues
- Whether the applicants' suit in the Employment and Labour Relations Court should be stayed pending the hearing and determination of their intended appeal.
- Whether the applicants are still intent on pursuing their appeal more than three years after filing the notice of appeal.
Reasoning
The decision to be stayed was a dismissal of the applicants' suit, which is a negative order that cannot be enforced or executed. The applicants have not filed their substantive appeal in this Court more than three years after filing the notice of appeal.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Charles Munyendo Olingo vs. Salim Chetechi Makokha & Another [2019] 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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