Kipketer v Teachers Service Commission (Cause 147 of 2018) [2022] KEELRC 85 (KLR) (8 June 2022) (Ruling)

Summary at a glance

Facts

The applicant, Monicah Jepkorir Kipketer, sought orders for a stay of execution of the judgment and consequential orders pending the appeal. The respondent, Teachers Service Commission, opposed the application.

Issues

• Whether the applicant has an arguable appeal with high chances of success
• Whether the intended appeal raises weighty issues of law and will render the judgment nugatory if a stay of execution is not granted
• Whether the applicant will suffer irreparable loss and damage if the judgment is enforced
• Whether the applicant has demonstrated the threshold for stay of execution pending appeal

Reasoning

The court found that the applicant has not demonstrated an arguable appeal and that the respondent has not demonstrated the resources to refund the decretal sum if the appeal succeeds. The court granted the stay of execution.

Outcome

Appeal dismissed

Orders

• Unconditional stay of execution pending the hearing and determination of the appeal

Authorities cited