[2016] KEELRC 1571 (KLR)
The Court found that the Respondent had promptly lodged a Notice of Appeal, obtained the necessary proceedings, and prepared a Certificate of Delay, indicating readiness to prosecute the appeal. The Court held that the Claimant would not suffer undue prejudice by a short delay, as all paperwork for the appeal was...
Source-derived case information.
- Citation
- [2016] KEELRC 1571 (KLR)
- Parties
- Claimant: Joshua Nzuki; Respondent: Steel Makers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 427 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted pending appeal, subject to conditions.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Stay of Execution, Compensation Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Nzuki
Claimant
Steel Makers Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Respondent is entitled to a stay of execution of the Award pending appeal.
- 2 Whether the Claimant will be prejudiced by the grant of stay of execution.
Ratio Decidendi
The Court found that the Respondent had promptly lodged a Notice of Appeal, obtained the necessary proceedings, and prepared a Certificate of Delay, indicating readiness to prosecute the appeal. The Court held that the Claimant would not suffer undue prejudice by a short delay, as all paperwork for the appeal was ready. Accordingly, the Court exercised its discretion to grant a stay of execution of the Award, conditional upon the Respondent depositing the awarded sum in Court within seven days. Failure to comply would result in the automatic lapse of the stay, allowing the Claimant to execute the Award.
Court Disposition
Stay of execution granted pending appeal, subject to conditions.
Orders
- The sum awarded of Kshs. 299,232 shall be deposited in Court by the Respondent within 7 days of delivery of this Ruling.
- In default, the stay shall automatically lapse, and the Claimant shall be at liberty to execute.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 427 OF 2013
BETWEEN
JOSHUA NZUKI ………………… CLAIMANT
VERSUS
STEEL MAKERS LIMITED … RESPONDENT
RULING
1. The Court delivered an Award in favour of the Claimant. He was granted Kshs. 299,232 in compensation for unfair termination. The Respondent lodged a Notice of Appeal on 28th July 2015. He filed an Application for stay of execution of the Award, dated 25th September 2015. Parties agreed to have the Application considered on the strength of their Affidavits, and Submissions on record.
2. The Respondent has moved with alacrity and lodged a Notice of Appeal; Proceedings have been typed; and Certificate of Delay prepared. There is reason to hope the intended Appeal shall not take too long to be heard. All paperwork is ready and the Claimant shall not be prejudiced by having to wait a little longer, to allow the Respondent exercise its right of appeal. Stay of Execution is granted pending appeal on the following conditions:-
The sum awarded of Kshs. 299,232 shall be deposited in Court by the Respondent, within 7 days of delivery of this Ruling.
In default the stay shall automatically lapse, and the Claimant shall be at liberty to execute.
No order on the costs.
Dated and delivered at Mombasa this 11th day of March, 2016
James Rika
Judge