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Kenya Union of Post Primary Teachers,Akelo Misori,Omboko Milemba & Wick Mwethi Njenga v. Njeru Kanyamba

(2018) JELR 99892 (CA)

Court of Appeal  •  Civil Appeal 80 of 2013  •  7 Dec 2018  •  Kenya

Coram
Philip Nyamu Waki, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal arises from the judgment of the Employment and Labour Relations Court (Nzioki wa Makau, J.) that awarded the respondent, Njeru Kanyamba, as against the appellants, Kshs 2,338,789.00 being his salary, allowances and expenses for a period of16 months. In making the award, the learned judge declined to hear the appellants, whom he found to have been in blatant contempt of court. In the appeal before us, the appellants contend that the learned judge erred by denying them audience in violation of the constitution and the rules of natural justice and at a time when they had not been convicted of contempt of court. The respondent opposes the appeal, accusing the appellants of deliberate non-disclosure of material facts, namely that after the judgment, they unsuccessfully applied for stay of execution in this Court, after which they went back to the learned judge and unsuccessfully applied to set aside the judgment. Thereafter they happily settled the decree a…

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