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Komen v Ekaterra Tea Kenya Plc (Cause E008 of 2024) [2026] KEELRC 253 (KLR) (30 January 2026) (Ruling)

[2026] KEELRC 253 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
253
Citation
[2026] KEELRC 253 (KLR)
Decided
30 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReinstatement and Back-Salary DisputePostureRespondent seeks stay of execution of reinstatement order pending appealCoramJAMES RIKA
Holding

The application is declined, and no order on costs is made.

Facts

Claimant was awarded reinstatement without loss of salary and benefits by the Employment and Labour Relations Court on June 27, 2025. Respondent filed an application to stay execution of the order on August 12, 2025.

Issues

  1. Whether the appeal is arguable
  2. Whether the application is made without undue delay
  3. Whether substantial loss may be occasioned to the applicant if the orders are not issued

Reasoning

The Respondent did not exhibit a Memorandum of Appeal or grounds for appeal, and the Court cannot determine the arguability of the appeal without such documentation.

Outcome

The application is dismissed.

Orders

  • The application by the Respondent dated 12th August 2025 is declined.
  • No order on the costs.

Authorities cited

Cases cited (1)
  • Kamande v. Judicial Service Commission [2025] KESC 48 [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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