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Cyka Manpower Services v Nzuki & 9 others (Appeal E046 of 2024) [2025] KEELRC 1101 (KLR) (3 April 2025) (Ruling)

[2025] KEELRC 1101 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1101
Citation
[2025] KEELRC 1101 (KLR)
Decided
3 April 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to stay execution of judgment pending appealCoramM MBARŨ
Holding

Execution of the judgment is stayed on certain conditions

Facts

Appellant employed respondents based on a third-party contract with Tata Chemical Magadi Limited, which ended leading to termination of employment. Respondents were awarded Ksh 1,170,450.

Issues

  1. Whether the judgment should be stayed pending the appellant's appeal
  2. Whether the respondents' judgment should be executed

Reasoning

The court dismissed the appellant's application to stay the judgment, finding that the respondents have a valid judgment and the appellant has not demonstrated inability to refund the judgment sum.

Outcome

The judgment is stayed pending the appellant's appeal

Orders

  • The appellant shall deposit the judgment sum of Ksh. 1,170,450 in court within 14 days
  • The appellant shall serve the filed appeal upon the respondents within 30 days
  • If conditions are not met, the stay order shall lapse and the deposit shall be released to the respondents

Remedies

  • Costs awarded to respondents

Authorities cited

Legislation (1)
  • Civil Procedure Rules
Cases cited (2)
  • Ngei v Kibe & another [2021] KECA 243 (KLR)
  • Imperial Bank Limited (In Receivership) & another v Alnashir Popat & 18 others [2018] KECA 685 (KLR)
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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