Ken Knit Kenya Ltd v Nandwa (Appeal E033 of 2024) [2025] KEELRC 1132 (KLR) (4 April 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1132
- Citation
- [2025] KEELRC 1132 (KLR)
- Decided
- 4 April 2025
Summary at a glance
TypeAppealPostureAppellant seeks a stay of execution of a judgment and decree pending appeal.CoramMA ONYANGO
The court grants a stay of execution pending appeal.
Facts
The Appellant, Ken Knit Kenya Ltd, is aggrieved by the judgment of the Chief Magistrate in Eldoret ELRC No. E91B of 2020, which granted a 30-day stay of execution. The Appellant claims this stay has lapsed and they are now exposed to execution, which they argue would result in substantial loss and damages.
Issues
- Whether a stay of execution pending appeal should be granted to the Appellant.
- Whether the Appellant has provided sufficient security for the due performance of the decree.
Reasoning
The court grants the stay of execution pending appeal based on the grounds of substantial loss, unreasonable delay, and the provision of security for the due performance of the decree.
Outcome
The court grants the stay of execution pending appeal.
Orders
- A stay of execution of the judgment and decree in Eldoret ELRC CMCC No. E91B of 2020 Moses Amwayi Nandwa v Ken Knit Kenya Ltd pending hearing.
- Costs for this application be provided for.
Remedies
- A stay of execution pending appeal.
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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