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National Environment Management Authority v. Benjamin Lagwen

(2017) JELR 98543 (CA)

Court of Appeal  •  Civil Application 181 of 2016 (Ur. 141/2016)  •  31 Mar 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Fatuma sichale

Judgement

RULING OF THE COURT

1. Before us is an application brought pursuant to Rule 5 (2) (b) of the Court of Appeal Rules (the Rules). The applicant seeks stay of execution of the judgment of the Employment and Labour Relations Court (herein after referred to as ELRC) dated 30th May, 2016 in ELRC Cause No. 20146 of 2013 pending the hearing and determination of the intended appeal. It also seeks stay of the proceedings therein. The application is premised on the grounds that the intended appeal is arguable and the same would be rendered nugatory unless the orders sought are granted.

2. In brief, the pertinent facts to this application are that the respondent was employed on 7th April, 2004 as the applicant’s Deputy Director of Compliance and Enforcement. He ultimately rose up the ranks to the Director of Compliance and Enforcement. On 19th November, 2013 he was interdicted on account of several anomalies which arose in the issuance of various Environmental Impact Assessment licenses. Subsequent…

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