[2022] KEELRC 14720 (KLR)
The court found that granting a stay of execution pending the determination of the reference would not occasion prejudice to the respondent. The court exercised its discretion to preserve the status quo and ensure that the reference is heard and determined without rendering it nugatory. The court therefore granted...
Source-derived case information.
- Citation
- [2022] KEELRC 14720 (KLR)
- Parties
- Applicant: Hussein Mwanza; Respondent: Muslim Association
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 62 of 2017
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Reference
- Outcome
- Application for stay of execution granted.
- Legal Topics
- Stay of Execution, Reference to Deputy Registrar Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Mwanza
Applicant
Muslim Association
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Reference
Legal Issues
- 1 Whether a stay of execution of the Deputy Registrar's decision should be granted pending determination of the reference.
- 2 Whether granting the stay would occasion prejudice to the respondent.
Ratio Decidendi
The court found that granting a stay of execution pending the determination of the reference would not occasion prejudice to the respondent. The court exercised its discretion to preserve the status quo and ensure that the reference is heard and determined without rendering it nugatory. The court therefore granted the stay of execution as sought and directed the parties to expedite the hearing of the reference.
Court Disposition
Application for stay of execution granted.
Orders
- Stay of execution of the Deputy Registrar's decision of 18th June, 2021 is granted pending determination of the reference.
- Parties are directed to fast track the hearing of the reference.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT ELDORET
CAUSE NO. 62 OF 2017
HUSSEIN MWANZA...................................................................................................CLAIMANT
VERSUS
MUSLIM ASSOCIATION.....................................................................................RESPONDENT
RULING
1. The application dated 23rd August, 2021 seeks among others an order of stay of execution of the decision of the Deputy Registrar of this Court made on 18th June, 2021 pending the hearing and determination of Reference to this Court of the decision of the said Deputy Registrar referred to above.
2. The Court has reviewed and considered the application and the grounds upon which it has been brought. The court has further considered the Replying Affidavit by the respondent sworn in opposition to the application and has become of the view that no prejudice would be occasioned to the respondent if the stay orders sought are granted pending determination of the Reference to this Court of the decision of the Deputy Registrar made on 18th July, 2021.
3. The Court therefore grants the stay of execution sought and directs the parties to fast track the hearing of the reference.
4. It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 18TH DAY OF MARCH, 2022
ABUODHA NELSON JORUM
JUDGE ELRC