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Kenya Revenue Authority v. Sidney Keitany Changole (759(N) of 2009), Mark Kithinji Mutegi (760(N) of 2009), Audrey Emmah Owino (761(N) of 2009) & Kennedy Ominde Obongo (762(N) of 2009)

(2015) JELR 99923 (CA)

Court of Appeal  •  Civil Application Nai 19 of 2011 (UR 14/2011)  •  20 Mar 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, William Ouko

Judgement

RULING OF THE COURT

Kenya Revenue Authority (applicant) has moved this Court for an order of stay of execution of the award issued by Paul Kosgei, J. on 12th January 2011 in Industrial Court Cause Numbers 759, 760, 761 and 762 of 2009 pending the lodgment, hearing and determination of an intended appeal.

The application is pronounced to be brought under Sections 3A and 3B of the Appellate Jurisdiction Act, Rules 5(2)(b) and 42 of this Courts Rules; Section 27(1) and (2) of the Labour Institutions Act.

It also seeks an order that costs of the application abide the result of the intended appeal.

It is worth noting that to date, the intended appeal has yet to be filed. The application is predicated on some nine grounds on its face and supported by the affidavit of Ado Moses, the applicants Legal Officer sworn on 9th February 2011. It is opposed through the affidavit of Audrey Emma Owino (3rd respondent) sworn on her own behalf and on behalf of the three other respondents on 25th February 201…

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