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NG-CDF Mwea Constituency, Isaac W Wamugunda & Nicholas K Kiriko v. Isaac Mwendia Muthoni

(2021) JELR 98679 (CA)

Court of Appeal  •  Civil Application 155 of 2019  •  29 Jan 2021  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

1. Before us is an application by way of a notice of motion dated 20th September, 2019. It is taken out by the applicants who are principally seeking an order of stay of execution of the judgment and decree issued in Nyeri ELRC Cause No. 237 of 2018 which was delivered on 30th July, 2019 by Nzioka Wa Makau, J. In the said judgment that has aggrieved the applicants, the learned Judge found in favour of the respondent and entered judgment for him as follows: -

“1. Payment of Ksh. 228,012/= being salary for the months of July to December, 2018

2. Ksh. 456,024/= being the maximum compensation under section 49 (1) of the Employment Act for the egregious dismissal and disdain for court orders.

3. Costs of the suit.

4. Interest at court rate on the sums (i) and (ii) from the date of filing till payment in full.”

2. The applicants filed a Notice of Appeal on 6th August, 2019 and the instant motion that is predicated under Rule 5 (2) (b) of the Court of Appeal Rules. According to…

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