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Kenya National Union of Teachers Nakuru Branch, Joseph Bii, Chairman, Knut Nakuru Branch Branch Executive Committee & KNUT Nakuru Branch v. James Mungai Muhia

(2020) JELR 100008 (CA)

Court of Appeal  •  Civil Application 35 of 2020  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, William Ouko

Judgement

RULING OF THE COURT

1. The three applicants have moved this Court pursuant to Rule 5(2)b of the Rules of this Court praying in the main for an order as follows:-

“That pending the lodgment, hearing and determination of the intended appeal from the Ruling of Honourable Justice Nzioka Wa Makau delivered on 6th April, 2020 in Nyeri ELRC Cause No. 31 of 2019 James Mungai Muhia v. Kenya National Union of Teachers and 2 Others, this Court be pleased to grant a stay of execution of the said orders.”

The application is predicated on a plethora of grounds on its face and is supported by the affidavit of Joseph Bii sworn on 5th May, 2020 on his behalf and on behalf of the two other applicants.

2. A brief background will put this application in perspective. The respondent, James Mungai Muhia used to be the Executive Secretary of Kenya National Union of Teachers (KNUT) Nakuru Branch. His services were terminated sometime in July, 2018 and this triggered litigation between himself and the officials of…

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