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Kimosop v Kerio Valley Development Authority (Employment and Labour Relations Cause 54 of 2019) [2022] KEELRC 14646 (KLR) (17 August 2022) (Ruling)

[2022] KEELRC 14646 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
14646
Citation
[2022] KEELRC 14646 (KLR)
Decided
17 August 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent sought a stay of execution of judgment pending appeal.CoramHON. JUSTICE J. N. ABUODHA
Holding

The court granted a stay of execution of the judgment pending the hearing and determination of the intended appeal.

Facts

Claimant sought a stay of execution of judgment dated February 4, 2022, pending an appeal to the Court of Appeal.

Issues

  1. Jurisdiction of superior court on stay of execution pending intended appeal.
  2. Substantial loss and sufficient cause to warrant grant of stay.
  3. Provision of security for the due performance of the decree.

Reasoning

The court granted the stay of execution as the respondent was a State Corporation substantially funded by the National Government, and the claimant had not demonstrated substantial loss.

Outcome

The court granted a stay of execution of the judgment dated February 4, 2022, pending the hearing and determination of the intended appeal to the Court of Appeal.

Orders

  • Stay of execution of the judgment dated February 4, 2022, pending the hearing and determination of the intended appeal to the Court of Appeal.

Authorities cited

Legislation (2)
  • Civil Procedure Rules, 2010
  • Kerio Valley Development Authority Act
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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