University of Nairobi & 2 others v Universities Academic Staff Union (UASU) & 4 others (Civil Appeal (Application) E771 of 2021) [2022] KECA 3 (KLR) (21 January 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 3
- Citation
- [2022] KECA 3 (KLR)
- Decided
- 21 January 2022
The Court allows the appellants' application and grants prayers 2 and 3, staying the implementation and enforcement of the ruling and order pending the hearing and determination of the appeal.
Facts
The University of Nairobi and its Council filed a petition in the Employment and Labour Relations Court seeking conservatory orders to restrain the respondents from implementing the 'Vice Chancellor's Proposed Governance Reforms' and a memo dated 14th July 2021. The respondents were found guilty of contempt of court and ordered to appear for sentencing on 27th January 2022.
Issues
- Whether the appellants' appeal is arguable.
- Whether granting the stay of enforcement of the ruling and order would render the appeal nugatory.
Reasoning
The Court found that the appellants' appeal is arguable and that granting the stay would not render the appeal nugatory. The Court adopted the reasoning from Philip J. Mainga v Proscovia Vitsengwa & 4 Others.
Outcome
The Court grants the stay of enforcement of the ruling and order.
Orders
- To stay the implementation and enforcement of the ruling and order issued by the Employment and Labour Relations Court on 10th December 2021 in ELRC Petition No. E118 of 2021, requiring the 3rd Appellant to attend the Employment & Labour Relations Court on 27th January 2022 or any other day thereafter for sentencing pending the hearing and determination of the Appeal herein.
- To stay further proceedings in ELRC Petition No. E118 of 2021, Universities Academic Sta Union (UASU) -Vs- University of Nairobi & 5 Others.
Remedies
- To stay the implementation and enforcement of the ruling and order pending the hearing and determination of the appeal.
- To stay further proceedings in the petition.
Authorities cited
Cases cited (2)
- Mohamed Bulle v Richard Kipkoech Aiyabei & 7 Others [2021] eKLR
- Philip J. Mainga v Proscovia Vitsengwa & 4 Others (supra)
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