BUTALI SUGAR MILLS LIMITED V. KENYA UNION OF SUGAR PLANTATION & ALLIED WORKERS

RULING

1. Butali Sugar Mills Limited (the applicant herein), has by a motion dated 18th March 2021 and brought pursuant to the provisions of Rule 5 (2) (b) of the Court of Appeal Rules, sought the following orders:

   1. Spent.

   2. THAT pending the lodging, hearing and determination of the applicant’s appeal, the execution of the decision of the Honourable Justice Stephen Radido in Kisumu Employment and Labour Relations Court Cause No. 18 of 2020 Kenya Union of Sugar Plantation & Allied Workers versus Butali Sugar Mills Limited be stayed.

   3. THAT the court be pleased to grant the orders sought subject to any condition the court may deem just.

   4. THAT costs of this application do abide the outcome of the applicant’s appeal.”

2. The motion is supported on the grounds on the face of the motion and an affidavit sworn by Daniel Kiyondi (the Finance Manager of the applicant) who deposed inter alia that on 10th March 2021, the High Court delivered a judgment finding inter alia that the applicant’s action not to pay mil…