Republic v Joshua Nyamweya Oigara, CBS, Chief Executive Officer, KCB Bank Kenya Ltd & 4 others; Inyangu (Exparte Applicant) (Miscellaneous Application E002 of 2023) [2025] KEELRC 149 (KLR) (30 January 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 149
- Citation
- [2025] KEELRC 149 (KLR)
- Decided
- 30 January 2025
The 4th Respondent's appeal is against the order of 19th September 2024 refusing to review the 15th June 2023 order, not the 15th June 2023 order itself.
Facts
The 4th Respondent (KCB Bank Kenya Ltd) was ordered to provide documents to the Ex-Parte Applicant (David Mugasia Inyangu) by the court on 15th June 2023. The 4th Respondent applied for review of this order on 29th February 2024, but the court declined the request. The 4th Respondent then sought an appeal to the Court of Appeal against the order of 19th September 2024 refusing to review the 15th June 2023 order.
Issues
- Appeal rights from the 15th June 2023 order
- Stay of execution pending appeal
Reasoning
The court rules that the 4th Respondent's appeal is not against the 15th June 2023 order but against the 19th September 2024 order refusing to review the 15th June 2023 order. The court also rules that the 4th Respondent is entitled to appeal both orders to the Court of Appeal.
Outcome
The 4th Respondent's application for stay of execution pending appeal is dismissed.
Orders
- The 4th Respondent's appeal is against the 19th September 2024 order refusing to review the 15th June 2023 order.
- The 4th Respondent is entitled to appeal both orders to the Court of Appeal.
Remedies
- None
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Civil Procedure Act
- Civil Procedure Rules
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