Issak v University Of Nairobi (Cause E015 of 2021) [2023] KEELRC 2312 (KLR) (29 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2312
- Citation
- [2023] KEELRC 2312 (KLR)
- Decided
- 29 September 2023
Summary at a glance
TypeAppealPostureApplication for stay of execution of judgment pending appealCoramGikonyo, Kuloba, Mbaru, NJ Abuodha, Platt
The Court denied the application for stay of execution.
Facts
The Appellant (Issak) filed an application for stay of execution of the judgment and decree issued on January 26, 2023, pending hearing and determination of the application and the intended appeal to the Court of Appeal. The Respondent (University of Nairobi) appealed the judgment and filed a Notice of Appeal.
Issues
- Whether the application for stay of execution is competent and justifiable
- Whether the Appellant has established substantial loss that would result if the stay is not granted
Reasoning
The court found that the application for stay was incompetent and an abuse of process. The court also noted that the proclamation and attachment had not yet commenced, and the Appellant had not illustrated how paying the Respondent his pending gratuity would amount to a substantial loss.
Outcome
Denied
Orders
- Application for stay of execution of the judgment and decree pending appeal dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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