Kenya Chemical & Allied Workers Union v Noble Gases Limited (Cause 1179 of 2011) [2016] KEELRC 1543 (KLR) (Employment and Labour) (14 March 2016) (Judgment)

Summary at a glance

Facts

The Kenya Chemical & Allied Workers Union filed a Notice of Appeal against the judgment of the Employment and Labour Relations Court dated 21.10.2015. The Respondent, Noble Gases Limited, opposed the application for stay of execution.

Issues

• Whether the Applicants have filed a valid Notice of Appeal within the stipulated time.
• Whether the Applicants have an arguable appeal.
• Whether the Respondent is set to initiate execution proceedings in enforcement of the Court's Judgment.
• Whether the Applicants should be ordered to deposit the entire decretal sum in a joint interest earning account of the parties.

Reasoning

The Court finds that the Applicants have filed a valid Notice of Appeal within the stipulated time and have an arguable appeal. The Court also considers that the Applicants have deposed to abide by any order directed by the Court.

Outcome

Appeal allowed with conditions

Orders

• Order for stay of execution pending hearing and determination of the intended appeal.
• Order for deposit of the entire decretal sum in an interest earning account held in the joint names of the Parties/their Counsels/Union within 30 days.

Remedies

• Deposit of the entire decretal sum in an interest earning account held in the joint names of the Parties/their Counsors/Union within 30 days.

Authorities cited