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KENYA POWER & LIGHTING CO. LTD V. HARRISON MUSOGA OBIMBO

(2017) JELR 99962 (CA)

Court of Appeal  •  Civil Application Nai. 89 of 2017 (Ur 66/2017)  •  6 Oct 2017  •  Kenya

Coram
Kathurima M'inoti

Judgement

RULING

In the motion on notice before me, the applicant, Kenya Power and Lighting Company Ltd, has applied for two substantive prayers, namely extension of time to file an intended appeal out of time against the judgment and decree of the Employment and Labour Relations Court (ELRC) (Wasilwa, J.) dated 20th December 2016, and for stay of execution of that decree. By dint of the provisions of rule 53 of the Rules of this Court, I must restrict myself to the first limb of the application only as the jurisdiction to hear applications for stay of execution reposes in the full Court.

By the judgment that the appellant wishes to appeal, the ELRC found that the applicant had unfairly, unjustly and without following due process removed the respondent, Harrison Musoga Obimbo, from its payroll. The Court found that when the applicant purported to dismiss the respondent for absconding from duty, he was on sick leave duly approved by his supervisor. Accordingly the Court ordered the applicant to r…

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