Nandi County Public Service Board & another v Ketter & 461 others (Civil Application E065 of 2024) [2025] KECA 71 (KLR) (24 January 2025) (Reasons)
- Court
- Court of Appeal
- Case number
- 71
- Citation
- [2025] KECA 71 (KLR)
- Decided
- 24 January 2025
AI Summary
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TypeCivil AppealPostureApplication for stay of execution from the ruling and order of the Employment and Labour Relations CourtCoramJUDGE OF APPEAL, M. Onyango, JUDGE OF APPEAL, J. Mativo, JUDGE OF APPEAL, M. Gachaka C.Arb, FCIArb.
Holding
The application for stay of execution is allowed.
Facts
The Nandi County Public Service Board issued revocation letters to 1st-459th respondents, terminating their employment services. The respondents sought relief in the Employment and Labour Relations Court, and the applicants opposed the application.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the appeal, if successful, would be rendered nugatory if stay is denied.
Reasoning
The court found that the appeal is arguable and that the respondents have not demonstrated that they will reimburse the applicants if they succeed in the appeal.
Outcome
The ruling dated 21st November 2024 is hereby stayed pending the hearing of Civil Appeal No. 107 of 2024.
Orders
- The ruling dated 21st November 2024 is hereby stayed pending the hearing of Civil Appeal No. 107 of 2024.
- No party shall take any further action pending the hearing and determination of the appeal.
- The appellants will file and serve their submissions within the next 15 days and upon service the respondents will file their submissions within 15 days.
- The appeal will be heard on a priority basis in the next term, 2025.
- The cost of the application to abide the outcome of the appeal.
Remedies
- The orders of status quo made on 25th September 2024 are hereby confirmed.
- Any employee who had not received a letter of revocation of employment as at 25th September 2024 shall be deemed to be in employment as if such letter had not been issued.
- For employees who had already received the letters, the said letters are suspended pending the hearing and determination of the petition herein.
- The Preliminary Objection by the 1st and 2nd respondents is dismissed.
- Costs shall be in the cause.
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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