Ogochi v Kenya Pipeline Company Limited (Cause E042 of 2021) [2025] KEELRC 1077 (KLR) (4 April 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1077
- Citation
- [2025] KEELRC 1077 (KLR)
- Decided
- 4 April 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks stay of execution of judgment pending appealCoramAN MWAURE, KLR Waki, Lakha
Holding
Application is allowed with conditions
Facts
Respondent/Applicant avers dissatisfaction with judgment of Hon. Justice David Nderitu dated 17th October 2024 and has filed an appeal with the Court of Appeal. The application seeks stay of execution of the judgment pending the appeal.
Issues
- Whether the application is merited
- Whether the Respondent/Applicant has met the criteria for a stay of execution
Reasoning
Court finds merit in the application and grants stay of execution, extending time for appeal and requiring security deposit.
Outcome
Application granted
Orders
- Time for leave to lodge the notice of appeal is extended to 14 days
- A stay of execution is granted pending the hearing and determination of the intended appeal
- The decretal sum of Kshs.1,120,000/= is to be deposited in a joint interest earning account in the names of both advocates' names within 21 days of delivering this ruling
- Costs of this application will be in the cause
- That in default, the stay orders shall automatically lapse and execution to proceed
- Upon depositing the decretal sum, the Respondent/Applicant shall file and serve its Record of Appeal within thirty (30) days thereof
Remedies
- Stay of execution pending appeal
- Security deposit of Kshs.1,120,000/= in a joint interest earning account
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Civil Procedure Act
- Appellate Jurisdiction Act
- Procedure Act
Cases cited (3)
- Nicholas Kiptoo Arap Korir Salat V IBEC & 7 others
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
- Rachel Njambi Thuo v County Government Of Nyandarua
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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