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Kenya Industrial Research and Development Institute (Kirdi) v. Union of National Research and Allied

(2020) JELR 100037 (CA)

Court of Appeal  •  Civil Application.157 of 2020  •  6 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

[1] The Notice of Motion before us is taken out by the applicant, who seeks an order of stay of execution of the ruling delivered on 15th of May, 2020 in the Employment and Labour Relations Court (ELRC) (M. Onyango, J.) pending the hearing and determination of an intended appeal. The application is supported by an affidavit sworn by Jairus Ombui on 10th June, 2020. In summary, it is stated that the applicant is aggrieved by the a ruling delivered on 15th May, 2020; that a Notice of Appeal was filed; that the intended appeal is arguable for reasons that the court directed parties to undertake a computation for each of the fifty-two (52) employees (grievants) who were declared redundant; that twelve (12) of the grievants who were ordered to be paid were never declared redundant and are still in employment and that in the event an order of stay is not granted, the intended appeal will be rendered nugatory.

[2] The motion was opposed by the respondent, represented by Mr.…

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