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New Kenya Co-operative Creameries Ltd v. Olgha Auma Adede

(2015) JELR 98468 (CA)

Court of Appeal  •  Civil Application 316 of 2014  •  25 Sep 2015  •  Kenya

Erastus Mwaniki Githinji, Philomena Mbete Mwilu, Sankale ole Kantai



The respondent, Olgha Auma Adede, employed by the applicant as Head of Sales and Marketing, had her employment terminated after various allegations were made against her by her employer. As a result of this she filed Cause No. 87 of 2011 at the Industrial Court of Kenya (now fashioned

“Employment and Labour Relations Court”) which cause was heard by Maureen Onyango, J. who, in a judgment delivered on 9th May, 2014 partly allowed the respondent’s claim giving Judgment in the sum of Kshs.2,329,350/=. The applicant’s application for stay of execution of the Judgment pending appeal was refused by that court hence this application for similar orders but premised on Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5 (2) (b) of this Court’s rules.

It is now well settled by the jurisprudence that has emerged from decisions of this Court that the jurisdiction of the Court while considering applications for stay of execution pending appeal is not only original but …

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