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Kenya Forest Service v. Timon Otieno Mboga

(2016) JELR 100057 (CA)

Court of Appeal  •  Civil Appeal (Application) 40 of 2016  •  6 Oct 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. On 2nd August 2016, the applicant lodged an application dated 1st August 2016 under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Rules of the Court. In that application the applicant sought an order of stay of execution of the judgment of the Employment and Labour Relations Court delivered on 5th June 2015 pending the hearing and determination of an intended appeal. That application was certified as urgent and fixed for hearing on 17th August 2016. That application could not, however, be heard on that date by reason of the failure on the part of the applicant to serve the application on the respondent. We accordingly adjourned the application and directed that a hearing date for the same be fixed for hearing in the registry. We understand it is now scheduled for hearing on 7th December 2016.

2. On 7th September 2016, the applicant filed yet another application dated 6th September 2016, also presented under Sections 3A and 3B of the …

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