[2017] KEELRC 480 (KLR)
The court found that the applicant had admitted during trial to underpaying the claimants contrary to the law, specifically the statutory minimum wage regulations. As such, the court held that there was no arguable appeal on the award of arrear salary payments. The court further determined that the application for...
Source-derived case information.
- Citation
- [2017] KEELRC 480 (KLR)
- Parties
- Respondent: Peter Chege Kanja; Respondent: Edward Mwaura Karanja; Respondent: Simon Ngugi Mburu; Respondent: Samson Karoki Ndung’u; Respondent: Paul Nzioki Ndali; Respondent: Peter Karanja Kimotho; Respondent: Jospeh Kuria Mburu; Applicant: China Wu-Yi Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 24 of 2014
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Stay of Execution, Arrears of Salary, Statutory Minimum Wage, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Chege Kanja
Respondent
Edward Mwaura Karanja
Respondent
Simon Ngugi Mburu
Respondent
Samson Karoki Ndung’u
Respondent
Paul Nzioki Ndali
Respondent
Peter Karanja Kimotho
Respondent
Jospeh Kuria Mburu
Respondent
China Wu-Yi Company Limited
Applicant
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 of the judgment pending appeal.
- 2 Whether the intended appeal is arguable and would be rendered nugatory if stay is not granted.
Ratio Decidendi
The court found that the applicant had admitted during trial to underpaying the claimants contrary to the law, specifically the statutory minimum wage regulations. As such, the court held that there was no arguable appeal on the award of arrear salary payments. The court further determined that the application for stay of execution was only intended to delay the claimants from enjoying the fruits of their judgment. Consequently, the application for stay was dismissed with costs to the claimants.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs to the claimants.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 24 OF 2014
PETER CHEGE KANJA…………….…..…1ST CLAIMANT/RESPONDENT
EDWARD MWAURA KARANJA…….…..2ND CLAIMANT/RESPONDENT
SIMON NGUGI MBURU…………….…….3RD CLAIMANT/RESPONDENT
SAMSON KAROKI NDUNG’U……….…...4TH CLAIMANT/RESPONDENT
PAUL NZIOKI NDALI………….…….……5TH CLAIMANT/RESPONDENT
PETER KARANJA KIMOTHO……………6TH CLAIMANT/RESPONDENT
JOSPEH KURIA MBURU………….………7TH CLAIMANT/RESPONDENT
VERSUS
CHINA WU-YI COMPANY LIMITED…....…...RESPONDENT/APPLICANT
Claimants in person
Wambugu Muriuki for respondent
RULING
1. Serving before court is an application dated 28th August 2017, seeking stay of execution of the judgment of the court delivered on 28th July 2017 pending hearing and determination of intended appeal on the grounds that the intended appeal is arguable and would be rendered nugatory if the order for stay is not granted.
2. That the respondents have threatened to execute for the judgment of Kshs.7,475,996. 70/=.
3. The application is supported by an affidavit sworn by Lily Liu on 28th August 2017.
4. The application is opposed by a replying affidavit sworn by Simon Ngugi Mburi, the 3rd claimant on 4th September 2017 in which is stated that no memorandum of appeal has been filed revealing the intended grounds of appeal.
5. The claimants submitted that the respondent admitted during the trial having underpaid the claimants contrary to the statutory minimum wage regulation applicable to the claimants at the time and there is therefore no basis for the intended appeal.
6. That the bare allegation that the appeal will be rendered nugatory lacks substance.
7. The court has considered the application and is of the considered view that the responded having admitted during the trial that it underpaid the claimants contrary to the law has no arguable appeal on the award of arrear salary payments by the court.
8. The application is only intended to delay enjoyment by the claimants of their fruits of the judgment.
9. The application is dismissed with costs.
Dated, Signed and Delivered on this 10th Day of November 2017
MATHEWS NDERI NDUMA
JUDGE