SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Thomas Nyangi Mwita v Kenya Commercial Bank Limited [2016] KEELRC 21 (KLR)

[2016] KEELRC 21 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
21
Citation
[2016] KEELRC 21 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent seeks stay of execution pending appealCoramM. MBARU
Holding

Stay of execution granted

Facts

Claimant received a judgment directing the Respondent to pay certain amounts, but the Respondent has not paid and instead filed an appeal. The Claimant has since moved for execution.

Issues

  1. Stay of execution pending appeal
  2. Security for disputed amounts

Reasoning

The application was filed late and not in good faith, and the Respondent had the opportunity to secure the right to appeal through a court order. The Claimant's counsel offered a reasonable alternative by suggesting a joint account in a different bank.

Outcome

Stay of execution granted

Orders

  • Deposits of disputed amounts into a joint account pending appeal
  • Auctioneer costs to be paid by Respondent

Remedies

  • Stay of execution
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case