Catherine Wambui Karuno v Trocaire [2016] KEELRC 517 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 517
- Citation
- [2016] KEELRC 517 (KLR)
- Decided
- 5 October 2016
Summary at a glance
TypeAppealPostureRespondent seeks stay of execution and further proceedingsCoramHON. LADY JUSTICE HELLEN WASILWA
Stay of execution and further proceedings granted, with 50% of the decretal sum released to the claimant and the other half deposited in an interest earning account held in the joint names of counsel on record within 30 days.
Facts
Claimant was awarded Kshs. 3,896,711 for unfair and unlawful redundancy. Respondent intends to appeal and has filed a party to party Bill of Costs.
Issues
- Estoppel arising from discussions prior to contract lapse
- Redundancy determination
- Award of compensation for unlawful redundancy
- Discretionary award of compensation
- Irreparable loss to the claimant
Reasoning
The court balances the interests of both parties, allowing a stay but requiring the release of half the decretal sum and depositing the other half in an interest earning account.
Outcome
Appeal granted, stay of execution and further proceedings ordered
Orders
- Stay of execution and further proceedings granted
- 50% of the decretal sum released to the claimant
- 50% of the decretal sum deposited in an interest earning account held in the joint names of counsel on record within 30 days
Remedies
- Stay of execution and further proceedings
- Release of half the decretal sum
- Deposit of half the decretal sum in an interest earning account
Authorities cited
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