[2013] KEELRC 370 (KLR)
The court found that the objector had not complied with its earlier order to deposit the entire amount awarded to the claimant as a condition for stay of execution. However, recognizing the objector's right to pursue an appeal and balancing the interests of both parties, the court exercised its discretion to grant a...
Source-derived case information.
- Citation
- [2013] KEELRC 370 (KLR)
- Parties
- Applicant: Lake Victoria North Water Services Board; Claimant: Francis Shire Chachi; Respondent: Amatsi Water Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1548 of 2010
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted; further compliance required.
- Legal Topics
- Stay of Execution, Objection Proceedings, Deposit of Award, Execution of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lake Victoria North Water Services Board
Applicant
Francis Shire Chachi
Claimant
Amatsi Water Company
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the objector is entitled to a stay of execution of the court's orders pending appeal.
- 2 Whether the objector must deposit the entire amount awarded to the claimant as a condition for stay.
- 3 What are the consequences of non-compliance with the court's deposit order.
Ratio Decidendi
The court found that the objector had not complied with its earlier order to deposit the entire amount awarded to the claimant as a condition for stay of execution. However, recognizing the objector's right to pursue an appeal and balancing the interests of both parties, the court exercised its discretion to grant a further opportunity for compliance. The court ordered that stay of execution would be allowed only upon deposit of the entire awarded sum in court within seven days of the ruling. In default, the claimant would be at liberty to proceed with execution. This approach ensures that the claimant's interests are protected while allowing the objector to pursue appellate remedies,...
Court Disposition
Conditional stay of execution granted; further compliance required.
Orders
- The objector is ordered to deposit the entire amount awarded to the claimant in court within 7 days of this ruling.
- Stay of execution of the orders given on 8th February 2013 is allowed upon deposit of the entire amount awarded to the claimant in court.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 1548 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
LAKE VICTORIA NORTH WATER SERVICES BOARD…………OBJECTOR/APPLICANT
VERSUS
FRANCIS SHIRE CHACHI ………………………….....………………………….CLAIMANT
AND
AMATSI WATER COMPANY…………..……………………….……………RESPONDENT
RULING
The Lake Victoria North Water Services Board, an objector in the proceedings for execution, filed an application to stay execution the orders made by this Court on 8th February 2013. The application is dated 22nd February 2013. The orders subject matter of the intended appeal rejected the objection.
The Claimant filed a replying affidavit sworn on 26th February 2013.
Advocates agreed to have the application disposed of by way of written submissions, which have been placed on record.
The matter came ex parte, under certificate of urgency before this Court on 11th March 2013. The Court made the following orders:-
1. The objector to deposit the entire amount awarded to the Claimant in Court within 7 days.
2. In default execution to proceed.
3. Claimant may file and serve a replying affidavit within 7 days.
4. Hearing interpartes on 25th March 2013.
There is no evidence that the Objector has deposited any money in Court. The Claimant has not proceeded with execution.
The Court has carefully weighed the submissions of the parties, their respective rights and obligations, right from the inception of the claim to the intended appeal, and grants the following Orders:-
1. The Objector is once again ordered to deposit the entire amount awarded to the Claimant in Court within 7 days of this Ruling.
2. Stay of Execution of the Orders given on 8th February 2013 is allowed upon the deposit of the entire amount awarded to the Claimant in Court.
3. In default of Order I, the Claimant is at liberty to execute.
Dated and delivered at Nairobi this 3rd day of May 2013
James Rika
Judge
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