RULING OF THE COURT
1. On 12th October, 2016, the respondent was awarded Kshs.8,050,728/= being 12 months’ salary as damages for unfair termination by the applicant. The applicant, being dissatisfied by the said decision, filed a notice of appeal and a draft memorandum of appeal, arguing, inter alia, that the award was excessive as the respondent had already received compensation for early retirement.
2. The applicant further filed an application dated 1st March, 2017 seeking stay of execution of the judgment, pending the hearing and determination of the intended appeal.
3. When the application came up for hearing, Mr. Wena, learned counsel for the applicant, submitted that the intended appeal is arguable, in that payment of the judgment sum would amount to double compensation, the respondent having been paid over Kshs.16 million by the applicant for early retirement; that if the trial court found that the termination was unfair, it ought to have factored the amount paid earlier.