Aggrey Lukorito Wasike v Kenya Power And Lighting Company Limited [2016] KEELRC 386 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 386
- Citation
- [2016] KEELRC 386 (KLR)
- Decided
- 23 September 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeReinstatement and CostsPostureAppeal from judgment granting reinstatement and costsCoramBYRAM ONGAYA
Holding
The court finds for the claimant and dismisses the respondent's application for a stay of the reinstatement order.
Facts
The claimant was dismissed by the respondent and later sought reinstatement. The respondent filed an application for a stay of the reinstatement order pending appeal.
Issues
- Stay of reinstatement order pending appeal
- Reinstatement of claimant
Reasoning
The court does not find grounds to stay the reinstatement order, as it is immediate and self-executory. The money due will be recoverable regardless of the appeal outcome.
Outcome
Application dismissed
Orders
- Stay of execution of judgment on the aspect of reinstatement is considered
- Each party shall bear own costs of the application
Remedies
- Reinstatement of claimant with effect from 22.10.2013
- Payment of withheld monthly salaries and allowances by the respondent
Authorities cited
Legislation (2)
- Employment and Labour Relations Court Act
- Civil Procedure Rules
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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