PERMANENT SECRETARY MINISTRY OF DEFENCE V. SIMON MWANIKI & 25 ORS.

RULING

1. Before us is a Notice of Motion dated 30th October, 2018 in which the Permanent Secretary Ministry of Defence (the applicant) seeks an order of stay of execution pending appeal of the judgment of the Employment & Labour Relations Court (ELRC) in Nairobi (Wasilwa, J.) dated 18th June, 2018. The application is brought under Rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules). Simon Mwaniki & 25 others are the respondents herein.

2. brief background of the application is that in the impugned judgment, the learned Judge granted the respondents (who were former employees of the applicant) damages of Kshs 500,000/= each and made an order for payment of salary arrears and costs.

3. The application is premised inter alia on the ground that the respondents are at liberty to proceed with execution of the impugned judgment to the serious detriment of the applicant.

4. It is the applicant’s case that it filed an appeal (Civil Appeal No. 37 of 2019); that the appeal is arguable with a high p…