Governor, Kericho County & another v Ngeno (Civil Application E047 of 2021) [2022] KECA 1415 (KLR) (16 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1415
- Citation
- [2022] KECA 1415 (KLR)
- Decided
- 16 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a judgment of the Employment and Labor Relations CourtCoramD K MUSINGA, HANNAH OKWENGU, ASIKE-MAKHANDIA
Holding
The application for stay of execution of the judgment and decree is dismissed with costs to the respondent
Facts
The respondent, Nicholas Ngeno, was appointed as a County Executive Committee Member in charge of lands, housing and physical planning for Kericho County. He was arrested and charged in Criminal Case no 5 of 2016 for various offenses. After being removed from office, he filed a petition in the Employment and Labor Relations Court seeking damages for unfair termination.
Issues
- Whether the judgment and decree should be stayed pending the appeal
- Whether the applicants have an arguable appeal on the grounds of the trial court's findings
Reasoning
The applicants have not satisfied the prerequisites for a stay of execution, as the second prerequisite (the respondent's financial capability to repay the decretal amount) has not been met.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
Cases cited (3)
- Stanley Kang'ethe Kinyanjui vs Tony Ketter & 5 Others
- Housing Finance Company of Kenya Limited vs Sharok Kher MohamedAli Hirji & Another
- Kenya Hotel Properties Limited vs Willesden Properties Limited
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.
Loading judgment…