[2014] KEELRC 561 (KLR)
The court found that the respondent's intended appeal was arguable, particularly as it raised questions regarding the justification for summary dismissal, the application of Section 45(2)(a) and (c) of the Employment Act, and the quantum of compensation awarded. In balancing the interests of justice, the court...
Source-derived case information.
- Citation
- [2014] KEELRC 561 (KLR)
- Parties
- Claimant: Kenya Chemical & Allied Workers Union; Respondent: Leather Life EPZ Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1353 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted, conditional on deposit of decretal sum.
- Legal Topics
- Summary Dismissal, Compensation Awards, Stay of Execution, Appeals on Points of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Chemical & Allied Workers Union
Claimant
Leather Life EPZ 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 judgment pending appeal.
- 2 Whether the intended appeal raises arguable points of law.
- 3 Whether the respondent should deposit the decretal sum as a condition for stay.
Ratio Decidendi
The court found that the respondent's intended appeal was arguable, particularly as it raised questions regarding the justification for summary dismissal, the application of Section 45(2)(a) and (c) of the Employment Act, and the quantum of compensation awarded. In balancing the interests of justice, the court granted a stay of execution of its judgment pending the hearing and determination of the appeal, but made the stay conditional upon the respondent depositing the full decretal sum with the court within 14 days. Failure to comply would result in the automatic lapse of the stay order.
Court Disposition
Application for stay of execution granted, conditional on deposit of decretal sum.
Orders
- Stay of execution of the judgment granted pending appeal.
- Respondent to deposit Kshs. 475,398 with the court within 14 days from the date of ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1353 OF 2012
KENYA CHEMICAL & ALLIED
WORKERS UNION ................................................................... CLAIMANT
VERSUS
LEATHER LIFE EPZ LIMITED ............................................ RESPONDENT
Mr. Mutinda for Respondent/Applicant
Mr. Mweke for Claimant / Respondent
RULING
1. This Court delivered judgment on 6th September 2013 wherein the Claimant was awarded Kshs. 186,648 and Ksh. 288,750 in respect of two named Grievants.
2. An application dated 23rd September 2013, was brought seeking to stay execution of the judgment pending the hearing and determination of an intended Appeal.
3. A notice of Appeal dated 16th September 2013 is attached to the supporting affidavit of Mr. Mumtaz Mughal a director of the Respondent. A memorandum of Appeal of the same date is attached thereat wherein the following grounds interalia are outlined;
(i) The learned Judge erred in law and in fact in holding that the Appellant failed to justify the summary dismissal;
(ii) The learned Judge erred in law and in fact in finding that the summary dismissal was contrary to Section 45(2)(a) and (c) of the Employment Act.
(iii) The Judge erred in awarding 10 months salary as compensation.
Though the Industrial Court Act No. 20 of 2011, provides:
“17(7) An Appeal from a judgment, award, decision, decree or order of the Court shall be only on matters of law.”
4. The Court finds that the intended Appeal is arguable and grants the application for stay pending the hearing and determination of the Appeal.
5. However, the Respondent is directed to deposit the decretal amount in the sum of Kshs. 475,398/= with the Court within 14 days from the date of its ruling failing which the order for stay of execution shall automatically abate.
Dated and delivered at Nairobi this 26th day March, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE