KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 364 (KLR)

Summary at a glance

Facts

The respondent filed a Notice of Motion seeking to stay the execution of the court's judgment and orders dated 22nd March 2013, pending an appeal to the Court of Appeal. The claimant opposed the application.

Issues

• Whether the application for stay of execution was made without unreasonable delay.
• Whether substantial loss may result to the claimant unless the order is made.

Reasoning

The court held that the redundancy notice had lapsed and was declaratory, thus the order setting it aside had no life left to be stayed. The court also stated that the respondent is entitled to close its central hospital and undertake redundancy of the affected employees.

Outcome

The court denied the application for stay of execution.

Orders

• The respondent is entitled to close its central hospital and undertake the redundancy of the affected 53 employees in accordance with the relevant provisions of the Employment Act, 2007, the Medical Practitioners and Dentists Act, and the judgment in this matter.
• The costs of this application shall abide the outcome of the intended appeal.

Remedies

• The respondent is entitled to close its central hospital and undertake the redundancy of the affected 53 employees in accordance with the relevant provisions of the Employment Act, 2007, the Medical Practitioners and Dentists Act, and the judgment in this matter.

Authorities cited