Kenyatta University v Nyaga & 25 others (Civil Application E027 of 2022) [2023] KECA 561 (KLR) (12 May 2023) (Ruling)

Facts

Respondents were employed by the applicant on renewable short term contracts. A dispute arose when respondents contended they were entitled to be converted to permanent employees due to long service with the applicant.

Issues

1. 30 days' period given to comply with the court orders was limited
2. learned Judge erred in several material ways
3. implementation of the impugned judgment would cause considerable difficulties to the applicant
4. it is in the interest of justice for the judgment and decree to be stayed
5. execution of the judgment and decree will cause prejudice to the applicant
6. there is an imminent danger that if stay of execution is not granted the applicant will be forced to absorb the respondents into permanent employment

Reasoning

The court finds that the 30 days' period given to comply with the court orders was limited, the learned Judge erred in several material ways, implementation of the impugned judgment would cause considerable difficulties to the applicant, and there is an imminent danger that if the stay of execution is not granted, the applicant will be forced to absorb the respondents into permanent employment.

Outcome

Granted