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CHAIRMAN BOARD OF DIRECTORS NATIONAL WATER CONSERVATION & PIPELINE CORPORATION V. MESHACK M SABOKE, PERMANENT SECRETARY MINISTRY OF WATER AND IRRIGATION & ATTORNEY GENERAL

(2015) JELR 105286 (CA)

Court of Appeal  •  Civil Application 45 of 2015 (Ur 39/2015)  •  20 Nov 2015  •  Kenya

Coram
Martha Karambu Koome, Festus Azangalala, George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

[1] On 30th January 2015, Nduma PJ., of the Employment and Labour Relations Court delivered a judgement in Industrial Cause No. 847 OF 2012 and awarded Eng Michael Sabok (1st respondent) a sum of Ksh 11,636,000/= with costs and interest at court rates from the date of judgement. The award was against the Chairman Board of Directors National Water Conservation and Pipeline Corporation (applicant). Aggrieved by the judgment, the applicant filed Notice of Appeal. Pending the lodging, hearing and determination of the intended appeal, the applicant filed a notice of motion under Rules 5 (2) (b) of this Court rules seeking orders of stay of execution of the aforesaid judgement until the determination of the intended appeal.

[2] The brief facts discernible from the record that is before us are as follows;- The 1st respondent, Eng. Meshack M. Saboke, was employed by the Ministry on the 28th September, 1987 as an Assistant Engineer on permanent and pensionable terms vide a le…

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