Francis Kimutai Bii v Kaisugu (K) Ltd [2016] KEELRC 1383 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1383
- Citation
- [2016] KEELRC 1383 (KLR)
Summary at a glance
TypeAppealPostureRespondent's Application for Stay of Execution and ProceedingsCoramD. K. N. Marete
The court declines to grant a stay of execution and proceedings, dismissing the application with costs to the respondent.
Facts
The claimant, Francis Kimutai Bii, is dissatisfied with the ruling and orders of the court dated 28th January, 2016, and seeks to appeal the decision. The respondent, Kaisugu (K) Ltd, opposes the stay of execution and proceedings, arguing that they would suffer irreparably.
Issues
- Whether to grant the claimant leave to appeal the ruling and orders of the court of 28th January, 2016.
- Whether to grant a stay of execution and proceedings pending the hearing and determination of the appeal.
Reasoning
The court considers the unique and peculiar circumstances of the case, including monies irregularly paid to the claimants by the respondent under a disputed consent judgment. The court is inclined to dismiss the application due to the respondent's potential suffering and the likely import of the stay to the respondent.
Outcome
Dismissed
Orders
- Costs to the respondent
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