NATIONAL HOSPITAL INSURANCE FUND BOARD OF MANAGEMENT V. JOAB INDECHE WAKHU

RULING OF THE COURT

1. The applicant, National Hospital Insurance Fund (NHIF) applied to this Court on 9^th November 2017 by way of Notice of Motion of that date under Rule 5(2)(b) of The Court of Appeal Rules for stay of execution of the judgment of the Employment and Labour Relations Court (E&LR Court) dated 21^st July 2017 delivered in Cause No. 227 of 2016 at Nyeri pending the determination of the applicant’s intended appeal.

2. In the said judgment by E&LR Court, Joab Indeche Wakhu, the respondent, claimed against the applicant a declaration that the applicant had unfairly dismissed the respondent and prayed for an order for his (respondent’s) reinstatement to his previous position without loss of benefits. The respondent also prayed for maximum compensation of 12 months’ salary, and general damages for wrongful or unlawful dismissal and for costs of the suit.

3. The learned Judge of E&LR Court (Ongaya, J.) found merit in the respondent’s suit and awarded him the declaration sought an…