[2022] KEELRC 14724 (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, ensuring that the reference process is not rendered nugatory. The court emphasized the need to balance the...
Source-derived case information.
- Citation
- [2022] KEELRC 14724 (KLR)
- Parties
- Applicant: Martin Malau Wanyonyi P/A Kimaru Kiplagat & Company Advocates; Respondent: Malvinder Singh Mann T/A Ikohi Traders
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 15 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution Pending Reference
- Outcome
- Application for stay of execution granted.
- Legal Topics
- Stay of Execution, Reference to High Court, Deputy Registrar Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Malau Wanyonyi P/A Kimaru Kiplagat & Company Advocates
Applicant
Malvinder Singh Mann T/A Ikohi Traders
Respondent
Procedural Posture
Miscellaneous 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, ensuring that the reference process is not rendered nugatory. The court emphasized the need to balance the interests of both parties and to avoid prejudicing the applicant's right to have the reference heard and determined on its merits. Accordingly, the court granted the stay of execution 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
MISCELLANEOUS APPLICATION NO. 15 OF 2020
MARTIN MALAU WANYONYI P/A KIMARU KIPLAGAT & COMPANY ADVOCATES.....CLAIMANT
VERSUS
MALVINDER SINGH MANN T/A IKOHI TRADERS...............................................................RESPONDENT
RULING
1. The application dated 26th July, 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 of 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