KENYATTA UNIVERSITY V. HUMPREY NYAGA THOMAS & ORS
(2024) JELR 112217 (CA)
Court of Appeal
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CIVIL APPLICATION NO. E494 OF 2022
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12 Jul 2024
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Kenya
Coram
S. ole KANTAI, JA
J. MATIVO, JA
G. W. NGENYE - MACHARIA, JA
Judgement
<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><p style="text-align: justify">The motion before us is unusual because what we are asked to do is something which is usually dealt with administratively and does not get to a full bench of the court.</p><p style="text-align: justify">The 26-applicants led by Francis Libechi (13th applicant) who has sworn an affidavit to support the motion were successful in a suit they had filed against their employer, <strong>Kenyatta University </strong>(the appellant). They were each awarded Kshs.280,380 and the appellant was ordered to reinstate them to employment. The appellant appealed and that appeal is at our registry awaiting hearing and determination. They have now approached us by motion on notice said to be brought under <strong>Section 3A </strong>of the <strong>Appellate Jurisdiction Act, Article 159 </strong>of the <strong>Constitution of Kenya, 2010 </strong>and all other enabling provisions of law asking in the main that the said appeal be fast tracked for hearing. In grounds in support of the motion and in the said affidavit they say among other things that they were successful in their suit but …</p>