RULING OF THE COURT
The applicant “Kenya Airways PLC” took out a motion on notice dated 13th November, 2017 against the respondent “Alex Wainaina Mbugua” seeking that this Court orders or grants stay of execution of the judgment and decree of the Employment and Labour Relations Court “ELRC” delivered on 7th November 2017 in Cause No. 430 of 2016- Alex Wainaina Mbugua v. Kenya Airways Ltd pending the hearing and determination of an intended appeal against the said judgment and decree. The respondent had been in the employment of the applicant as a Group Finance Director until 19th January, 2016 when his employment was terminated. Following the termination the respondent instituted a claim against the applicant seeking a declaration that termination of his employment was unfair, payment of terminal benefits and dues or in the alternative, reinstatement to his previous position.
After the plenary hearing, the Judge found and declared the respondent’s termination of employment unfair and or…