RULING OF THE COURT
The motion now before us was lodged in this Court on 2nd October, 2003 and pursuant to a Certificate of Urgency it was listed for hearing on 14th October, 2003 before a different bench of the Court. The application was fully heard and a ruling reserved for 24th October, 2004. However, due to certain events it was not delivered on its due date and the application had to be heard de novo .
This notice of motion has been taken out by Kenya Railways Corporation (the Corporation) under rule 5(2)(b) of the Court of Appeal Rules, seeking an order of stay of execution of the ruling and order of Hayanga J given on 26th September, 2003. By that decision the learned Judge ordered the Corporation to implement an award made by the Industrial Court on 4th May, 1998 in favour of members of a trade union called Railways Workers’ Union (K) of which the respondents are members.
The respondents represent a group of 197 members who are locomotive drivers. The award by the Industrial Cou…