Ndalut & another v Nairobi City Water & Sewerage Company Limited (Employment and Labour Relations Petition E099 of 2022) [2025] KEELRC 2163 (KLR) (18 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2163
- Citation
- [2025] KEELRC 2163 (KLR)
- Decided
- 18 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPostureAppeal from a judgment granting relief to the petitionersCoramJW KELI
Holding
The court dismisses the petitioners' application for stay of execution, as the order being appealed is a negative order and cannot be stayed.
Facts
The petitioners were acting in positions for over 3 years, and the court found that their rights under Article 41 of the Constitution were violated. The petitioners sought general damages of Kshs. 500,000/- each and confirmation of their positions.
Issues
- Whether the court should grant stay of execution of the judgment and decree issued on 14th February 2025 pending Appeal
Reasoning
The court ruled that a negative order is incapable of being stayed because there is nothing to stay. The petitioners have not demonstrated that what they seek to be stayed is the positive order of the court that ordered payment of damages.
Outcome
The petitioners' application for stay of execution is dismissed.
Authorities cited
Cases cited (1)
- Western College of Arts and Applied Sciences v Oranga & Others [1976] KLR 63
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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