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Onduma v Juma & 2 others (Appeal E042 of 2025) [2026] KEELRC 258 (KLR) (30 January 2026) (Ruling)

[2026] KEELRC 258 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
258
Citation
[2026] KEELRC 258 (KLR)
Decided
30 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment in a constructive dismissal caseCoramJ RIKA
Holding

The Appellant's application for a stay of execution is declined, and costs are awarded to the 1st Respondent.

Facts

The 1st Respondent was dismissed, and the 2nd and 3rd Respondents were alleged to have taken over the business. The 1st Respondent was successful in his claim for constructive dismissal and other benefits. The Appellant sought a stay of execution of the judgment pending the appeal.

Issues

  1. Whether the Appellant's application for a stay of execution should be granted
  2. Whether the Appellant's application for costs should be granted

Reasoning

The Court found that the application was not properly supported by an affidavit from a Commissioner for Oaths and that the Appellant had dishonoured an earlier order of conditional stay of execution.

Outcome

Appeal dismissed

Orders

  • Application for stay of execution declined
  • Costs awarded to 1st Respondent
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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