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Kenya National Union of Teachers (KNUT) v. George Wesonga Ojwang'

(2014) JELR 100009 (CA)

Court of Appeal  •  Civil Application Nai. 92 of 2014  •  24 Oct 2014  •  Kenya

Coram
Erastus Mwaniki Githinji, John Wycliffe Mwera, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

The Notice of Motion dated 25th April 2014 which is before us arises from the judgment and orders of Rika, J, made on 20th December 2013, where the respondent was awarded a sum of Kshs. 16,616,209.70 as the balance of his terminal dues payable by the applicant within 30 days from the date of judgment of the Court, and from which the applicant seeks a stay of execution and a stay of further proceedings pending the hearing and determination of the applicant’s Intended Appeal.

The brief facts are that the respondent was employed by the applicant in April 1986 as Executive Secretary, Busia Branch. In January 2004, he was elected to the position of 1st National Vice Chairman of the applicant, and subsequently to the position of National Chairman in 2007, a position from which he retired on 31st July 2011. Prior to his retirement, he was placed on terminal leave. Whilst computing his retirement package the parties were unable to agree on the sums due. According to the resp…

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