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National Oil Corporation of Kenya v. Mabel Kibore

(2018) JELR 98524 (CA)

Court of Appeal  •  Civil Application 266 of 2017 (UR 207/2017)  •  23 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

1.This is a Notice of Motion dated 14 November, 2017 brought the under provisions ofSection 3A of the Appellate Jurisdiction Act and Rule 5(2) (b) of the rules of this Court. The application has been brought by the intended appellant, National Oil Corporation of Kenya, (the applicant), against Mabel Kibore, (the respondent). The application seeks an order of stay of execution of the Ruling of the Employment and Labour Relations Court (ELRC) at Nairobi delivered on 8th November, 2017 pending the lodgment, hearing and determination of the intended appeal.

2.The application is premised on the grounds set out on the face of the application and on the averments deponed in the supporting affidavit of Pauline Kimotho, the applicant’s Corporation Secretary. The application is opposed by way of replying affidavit sworn by the respondent on 8th December, 2017.

3. A brief background of the application is that on 18th May, 2015 the respondent was employed by the applica…

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