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Kenya Education Staff Institute v. Kenya Union of Post Primary Teachers & 2 others

(2011) JELR 105132 (CA)

Court of Appeal  •  Civil Application 112 of 2011  •  15 Jul 2011  •  Kenya

Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Erastus Mwaniki Githinji



In this application, brought under Rule 5 (2) (b) of this Court’s Rules; section 27 of the Labour Institutions Act (No. 12 of 2007); and sections 162 (2) (a) and 159 (2) (b) of the Constitution of Kenya, the applicant seeks, in the main, the following order:

“The Honourable Court do grant a stay of execution of the Award of the Honourable Justice James Rika dated and delivered in the Industrial Court of Kenya at Nairobi on the 1st April, 2011 pending the lodgment, hearing and determination of an intended appeal from the Award.”

The facts giving rise to the dispute in the Industrial Court at Nairobi, and to the intended appeal herein, are briefly as follows:

In July 2006, Jane Murunga and Christopher Nyaki (“the Claimants”) who are trained university graduate teachers, were employed by the Teachers Service Commission (TSC) and deployed to teach at the Highridge Teachers Training College (Highridge). Subsequently, Highridge was taken over by the applicant, a semi-autonom…

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