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Judicial Service Commission v. Newton Muriu Muriuki

(2017) JELR 100495 (CA)

Court of Appeal  •  Civil Application 89 of 2017 (UR 63/17)  •  20 Dec 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The Judicial Service Commission (JSC), the applicant herein filed a Notice of Motion under Rule 5(2)(b) of this Court's Rules and Sections 3A and 3B of the Appellate Jurisdiction Act. Newton Muriu Muriuki was named as the respondent. In the motion, the applicant sought the following orders:

“1. Spent

2. THAT there be a stay of execution and enforcement of the Judgment and Orders made by Justice Byram Ongaya on 9th June 2017 in Employment and Labour Cause No. 31 of 2014 – Nyeri pending the hearing and determination of the intended appeal.

3. THAT there be a stay of any further proceedings for enforcement of the judgment or any other orders issued by the Court in Employment and Labour Cause No. 31 of 2014 – Nyeri pending the hearing and determination of the intended appeal.

4. THAT costs of this application be provided for.”

A brief background to the Motion is that the applicant’s (the then respondent) were the respondent’s (the then claimant) employer having been appointe…

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