JOEL MBUTHIA, SAMSON O ONGERA & STEVE O HANGALA V. KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS (KUFAW) & REGISTRAR OF TRADE UNIONS

RULING OF THE COURT

This Notice of Motion dated 11^th January 2019 is made under rules 5 (2) (b) of the Court of Appeal Rules, and has been brought for orders that pending the hearing and determination of the appeal in Civil Appeal No. 469 of 2018 a stay of execution be issued against the decree and judgment of the trial court in ELRC Appeal No. 3 of 2018, and that costs be provided for.

The motion was premised on the grounds that the applicants have challenged the decision of the trial court delivered on 3^rd October 2018, and that they have lodged their appeal in this Court; that the trial court declined to grant the orders of stay of execution sought in a Notice of Motion dated 19^th December 2018, and instead directed the taxing officer to proceed with taxing the pending party and party bill of costs for taxation for the Interested Party (the 1^st respondent ) dated 12^th November 2018, which if allowed to proceed would render the applicants’ appeal nugatory; that by its own motion the …