Chepkoech & 3 others (Suing as Former Members of the 1st Respondent, for themselves on Behalf of 143 other Former Members of the Union) v Kenya Plantation and Agriculture Workers Union (KPAWU) (Employment and Labour Relations Petition E012 of 2024) [2025] KEELRC 2870 (KLR) (22 October 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2870
- Citation
- [2025] KEELRC 2870 (KLR)
- Decided
- 22 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPostureAppeal from a stay orderCoramAN MWAURE
Holding
The application is dismissed as the matter is sub judice and the court has no jurisdiction over the matter following the appeal in the Court of Appeal.
Facts
Chepkoech and others filed an application for a stay of execution of a judgment in a previous case, while the respondent/applicant appealed the stay order to the Court of Appeal.
Issues
- Whether the preliminary objection is merited
- Whether the application for a stay of execution is valid in light of the appeal
Reasoning
The court found that the matter is sub judice as the same prayers were already requested in the subsequently lodged appeal in the Court of Appeal, and the parties in the two applications are the same.
Outcome
Application dismissed
Orders
- No stay of execution granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distribution Ltd
- Speaker of the National Assembly & another v Senate & 12 Others
- Kenya National Commission on Human Rights v Attorney General, Independent Electoral & Boundaries Commission & 16 Others
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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