[2014] KEELRC 335 (KLR)
The court refused the application for stay of execution because the applicant/respondent admitted readiness to pay all dues instantly, which undermines the basis for granting a stay. The court found no sufficient cause to warrant a stay of execution pending appeal, especially as the applicant did not demonstrate...
Source-derived case information.
- Citation
- [2014] KEELRC 335 (KLR)
- Parties
- Claimant: Kenya Building Construction, Timber Furniture and Allied Industries Employees Union; Respondent: M/S Mehta Electricals Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 737 of 2009
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution refused
- Legal Topics
- Stay of Execution, Compensation Awards, Severance Pay, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building Construction, Timber Furniture and Allied Industries Employees Union
Claimant
M/S Mehta Electricals Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending appeal.
- 2 Whether the grounds of appeal raise arguable issues justifying a stay.
- 3 Whether readiness to pay all dues affects the grant of stay.
Ratio Decidendi
The court refused the application for stay of execution because the applicant/respondent admitted readiness to pay all dues instantly, which undermines the basis for granting a stay. The court found no sufficient cause to warrant a stay of execution pending appeal, especially as the applicant did not demonstrate that it would suffer substantial loss or that the appeal would be rendered nugatory if the stay was not granted. The grounds of appeal did not raise issues justifying the exercise of the court's discretion in favour of a stay. Accordingly, the application was dismissed with costs to the respondent.
Court Disposition
application for stay of execution refused
Orders
- Stay of execution is refused.
- Applicant to pay costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 737N OF 2009
KENYA BUILDING CONSTRUCTION,
TIMBER FURNITURE AND ALLIED
INDUSTRIES EMPLOYEES UNION …….………...…. CLAIMANT
VERSUS
M/S MEHTA ELECTRICALS LIMITED ……….…… RESPONDENT
Mr. S. M. Jengo for the Respondent / Applicant
M/S Chege for the Claimant / Respondent
RULING
1. This is an application for stay of execution pending Appeal. Notice of Appeal was filed on 25/9/2013.
2. Judgment was delivered on 27/8/2013.
3. The Draft memorandum of appeal has three grounds of appeal to wit;
the learned Judge erred in law and fact in awarding compensation for seven (7) months yet the termination was legal.
the learned trial Judge erred in law and fact in awarding severance pay of Kshs.12,684 yet the Claimants were terminated.
that the learned trial Judge eared in law and fact in invoking Section 49 and 50 of the Employment Act yet the Respondent was keen to pay all dues instantly.
4. As the Respondent states it was ready to pay all dues instantly, stay of execution is refused.
Applicant to pay costs.
Dated and Delivered at Nairobi this 14th day of July, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE