[2016] KEELRC 867 (KLR)
The court held that since there is an existing order staying proceedings and execution of its previous orders pending the determination of Civil Appeal No. 8 of 2015 at the Court of Appeal, it is bound by that order and cannot proceed to prepare or deliver judgment in the matter. The stay remains in force until the...
Source-derived case information.
- Citation
- [2016] KEELRC 867 (KLR)
- Parties
- Applicant: Abigael Nyandoya; Applicant: Victor Chadiva; Applicant: Fridah Mbati Mikali; Applicant: Peter Kamisi Edemba; Respondent: Clerk, County Assembly of Vihiga; Respondent: Vihiga County Assembly Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Claim 295 of 2014
- Procedural Posture
- Stay Application / Ruling on Stay Pending Appeal
- Outcome
- proceedings stayed pending appeal
- Judges
- DO Ogal
- Legal Topics
- Stay of Execution, Appeal Proceedings, Labour Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abigael Nyandoya
Applicant
Victor Chadiva
Applicant
Fridah Mbati Mikali
Applicant
Peter Kamisi Edemba
Applicant
Clerk, County Assembly of Vihiga
Respondent
Vihiga County Assembly Service Board
Respondent
Procedural Posture
Stay Application / Ruling on Stay Pending Appeal
Legal Issues
- 1 Whether proceedings and execution of the court's orders should be stayed pending determination of Civil Appeal No. 8 of 2015 at the Court of Appeal.
- 2 Whether the court can proceed to prepare judgment while a stay order is in force.
Ratio Decidendi
The court held that since there is an existing order staying proceedings and execution of its previous orders pending the determination of Civil Appeal No. 8 of 2015 at the Court of Appeal, it is bound by that order and cannot proceed to prepare or deliver judgment in the matter. The stay remains in force until the appeal is determined or further orders are issued by the appellate court. The court emphasized the importance of upholding its own orders and the principle that proceedings must be halted where a stay has been granted, regardless of the parties' subsequent conduct or silence on the matter.
Court Disposition
proceedings stayed pending appeal
Orders
- Proceedings in this file are stayed pending the determination or further orders of the Court of Appeal in Kisumu Civil Appeal No. 8 of 2015.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT KISUMU
CLAIM NO.295 OF 2014
(Before Hon. Lady Justice Maureen Onyango)
ABIGAEL NYANDOYA ...................................................................1ST CLAIMANT
VICTOR CHADIVA .......................................................................2ND CLAIMANT
FRIDAH MBATI MIKALI ............................................................3RD CLAIMANT
PETER KAMISI EDEMBA ............................................................4TH CLAIMANT
-Versus-
CLERK, COUNTY ASEMBLY OF VIHIGA ...............................1ST RESPONDENT
VIHIGA COUNTY ASSEMBLY SERVICE BOARD .....................2ND RESPONDENT
RULING
On 25th June, 2015 I delivered my Ruling in respect of the Respondent's Notice of Motion dated 8th January, 2015. The Notice of Motion sought the following orders:-
1. The application be placed before the Judge urgently for perusal and be certified urgent for perusal and be certified urgent for hearing on priority basis.
2. Pending inter-parties hearing there be stay of execution of the decree and/or order herein and stay of proceedings.
3. The stay of execution and stay of proceedings remain in force until the final hearing and/or determination of the appeal against the said ruling at the Court of Appeal.
4. Costs of this application do abide the outcome.
The Ruling was to the effect that ''the proceedings in this file including execution of the orders of this court made in the ruling delivered on 3rd December 2014 be and are hereby stayed pending the determination of Civil Appeal No.8 of 2015 at the Court of Appeal in Kisumu.''
When parties appeared before me on 18th November and again on 9th December, 2015, none of the parties made any reference to this courts orders of 25th June, 2015 or the Kisumu Civil Appeal No.8 of 2015.
Since the said orders are still in force, this court is unable to prepare Judgement in this file as sought by the parties.
I hereby confirm that proceedings in this file will be stayed pending the determination or further orders of the court of Appeal in Kisumu Civil Appeal No. 8 of 2015.
Dated and signed and delivered this 26th day of May, 2016
MAUREEN ONYANGO
JUDGE