Hosea Sitienei & another v University of Eldoret & 11 others [2019] KEELRC 2582 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2582
- Citation
- [2019] KEELRC 2582 (KLR)
The court denied the petitioners' application for contempt and refused to allow partial execution of the decree. The court granted a stay of execution of the judgment pending the respondents' Supreme Court appeal.
Facts
The petitioners filed an application for contempt of court against the respondents, alleging non-compliance with a court decree issued on July 9, 2019. The respondents filed a counter-application for a stay of execution of the judgment pending their Supreme Court appeal.
Issues
- Contempt of court with regard to the judgment and decree issued on July 9, 2019
- Whether the respondents should be punished for contempt
- Whether the court should allow partial execution of the decree
- Whether there should be a stay of execution of the court judgment
Reasoning
The court found no evidence of contempt of court and denied the petitioners' request for partial execution. The court also granted a stay of execution, citing the respondents' appeal to the Supreme Court and the discretionary nature of the stay.
Outcome
The court denied the petitioners' application for contempt and refused to allow partial execution of the decree. A stay of execution was granted pending the respondents' Supreme Court appeal.
Orders
- Denied petitioners' application for contempt
- Refused to allow partial execution of the decree
- Granted stay of execution pending respondents' Supreme Court appeal
Remedies
- None granted
Authorities cited
Legislation (3)
- Judicature Act
- Employment and Labour Relations Court Act
- Civil Procedure Act
Cases cited (8)
- Stewart Robertson v. Her Majesty's Advocate
- Council of Governors v. Kenya Medical Practitioners Pharmacists and Dentists Union
- Republic v. Principal Secretary, Ministry of Defence ex parte George Kariuki Waithaka
- Sam Nyamweya & 3 others v. Kenya Premier League Limited & 2 others
- Ochino & another v. Okombo & 4 others
- Aviation & Allied Workers Union v. Kenya Airways & others
- Republic v. Principal Magistrate's Court at Mavoko & another ex parte Joseph Ole Lenku Governor Kajiado County & another
- Joseph Mburu Gathuru & 28 others v. County Government of Nakuru
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