[2015] KECA 1008 (KLR)
The Court of Appeal found that the applicant had demonstrated sufficient grounds for the grant of a conditional stay of execution. The court balanced the interests of the parties by allowing the implementation of the basic salary increment as ordered by the Employment and Labour Relations Court, but stayed the...
Source-derived case information.
- Citation
- [2015] KECA 1008 (KLR)
- Parties
- Applicant: Teachers Service Commission; Respondent: Kenya National Union of Teachers (KNUT); Respondent: Kenya Union of Post Primary Education Teachers (KUPPET); Respondent: Salaries and Remuneration Commission (SRC); Respondent: The Hon. The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 190 of 2015
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- conditional stay of execution granted
- Judges
- A Mohammed, S ole Kantai
- Legal Topics
- Stay of Execution, Collective Bargaining Agreements, Salary Increments, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Teachers Service Commission
Applicant
Kenya National Union of Teachers (KNUT)
Respondent
Kenya Union of Post Primary Education Teachers (KUPPET)
Respondent
Salaries and Remuneration Commission (SRC)
Respondent
The Hon. The Attorney General
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the Employment and Labour Relations Court's judgment pending appeal.
- 2 Whether the applicant has demonstrated arguable grounds for appeal and that the appeal would be rendered nugatory if stay is not granted.
- 3 How to balance the interests of the parties in the context of salary increments and arrears.
Ratio Decidendi
The Court of Appeal found that the applicant had demonstrated sufficient grounds for the grant of a conditional stay of execution. The court balanced the interests of the parties by allowing the implementation of the basic salary increment as ordered by the Employment and Labour Relations Court, but stayed the implementation of arrears and allowances pending the hearing and determination of the appeal. The court exercised its discretion under Rule 5(2)(b) of the Court of Appeal Rules, considering the arguability of the appeal and the risk of rendering the appeal nugatory if the stay was not granted. The court also issued directions for the expeditious hearing of the appeal and compliance...
Court Disposition
conditional stay of execution granted
Orders
- A conditional stay of execution of the judgment delivered on 30th June, 2015 is granted.
- The applicant and interested parties shall implement the increment ordered in respect only of basic salary with effect from 1st August, 2015.
Full Case Text
Judgment text and source record
55 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: WARSAME. J. MOHAMMED & KANTAI, JJ.A.)
CIVIL APPLICATION NO. NAI. 190 OF 2015
BETWEEN
THE TEACHERS SERVICE COMMISSION …………….……………APPLICANT
AND
KENYA NATIONAL UNION OF TEACHERS (KNUT) …………1ST RESPONDENT
KENYA UNION OF POST PRIMARY
EDUCATION TEACHERS (KUPPET)……………………….…2ND RESPONDENT
AND
THE SALARIES AND REMUNERATION
COMMISSION (SRC) …………………….......…….……1ST INTERESTED PARTY
THE HON. THE ATTORNEY GENERAL …….......………2ND INTERESTED PARTY
(Being an application for stay of execution of the Judgment and Orders of the Employment and Labour Relations Court of Kenya at Nairobi (Nduma Nderi, J) dated on June, 2015
in
Industrial Court Petition No. 3 of 2015)
**********************
RULING OF THE COURT
By Notice of Motion dated 9th July, 2015 the applicant, Teachers Service Commission, has approached this Court inter alia under Rule 5 (2) (b) of this Court's Rules seeking in the main that we grant a stay of execution of the Judgment and Orders of the Employment and Labour Relations Court in Nairobi Petition No. 3 of 2015 and all other consequential orders issued in furtherance of the Judgment. It is contended by the applicant that the intended appeal has considerable chances of success and is therefore arguable. Also that if the judgment is implemented the intended appeal would be rendered nugatory. That position is supported by the 1st and 2nd interested parties.
The 1st and 2nd respondents are of the opposite view and therefore oppose the application contending that the learned Judge acted within his mandate and determined the issue submitted to him by the parties. The learned Judge held inter alia that the Collective Bargaining Agreement duly signed by the parties be registered with the Court in terms of Section 60(1) of the Labour Relations Act, 2007 within 30 days of the date of the Judgment which was delivered on 30th June, 2015.
We observe that implementation of the Judgment as ordered by the learned Judge is due next week. It is within our powers in a situation Like the one before us to balance the interests of the parties within the law.
Upon our consideration of the Motion, the affidavits, the submissions of learned counsel and the Law and considering the circumstances currently obtaining in this matter we make the following orders:
A conditional stay of execution of the Judgment delivered on 30th June, 2015 is hereby granted on the following terms:
i) the applicant and the interested parties herein shall implement the increment ordered by the Judge in respect only of basic salary with immediate effect from 1st August, 2015. ii) thereafter the applicant shall continue to pay the increment ordered above until the hearing and final determination of the appeal. iii) we here by stay implementation of the Judgment in respect of arrears of salary and all allowances ordered by the Judge until hearing and determination of the appeal.
The applicant and the interested parties shall file and serve their respective appeals within the next fourteen days.
Parties thereafter to file and exchange respective written submissions within seven days of service the first party being the applicant and the interested parties and thereafter the respondents within seven days of service.
Written submissions be limited to twenty pages font 12 double-space.
The appeal shall be heard on 22nd September, 2015.
The Deputy Registrar of the Employment and Labour Relations Court is hereby ordered to supply certified proceedings and Judgment to the respective parties by or before 29th July, 2015.
Costs of the Motion shall abide the appeal.
Dated and Delivered at Nairobi this 23rd day of July, 2015.
M.WARSAME
………………………………
JUDGE OF APPEAL
J. MOHAMMED
………………………………
JUDGE OF APPEAL
S. OLE KANTAI
………………………………
JUDGE OF APPEAL
FURTHER ORDER:
In default of implementation of the Order on payment of increased salary the Motion shall stand dismissed with costs.
Dated this 23rd day of July, 2015.
M.WARSAME
………………………………
JUDGE OF APPEAL
J. MOHAMMED
………………………………
JUDGE OF APPEAL
S. OLE KANTAI
………………………………
JUDGE OF APPEAL
I certify that this a true copy of the original.
DEPUTY REGISTRAR