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Philip J. Mainga v. Proscovia Vitsengwa, Chairperson Kenya Railway Corporation Board, Kenya Railway Corporation, State Corporations Advisory Committee & Attorney General

(2020) JELR 95165 (CA)

Court of Appeal  •  Civil Application E290 of 2020  •  18 Dec 2020  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, William Ouko



1. Philip J. Mainga (applicant) has moved this Court by way of Notice of Motion dated 27th September, 2020 seeking orders inter alia that pending the hearing and determination of the intended appeal, the court grants stay sentencing of the applicant scheduled for 29th September 2020, the execution of the sentence and any further proceedings arising from the application dated 9th December, 2019 and amended in 2019.

2. The application is premised on grounds that the applicant was found guilty of contempt of court by the Employment and Labour Relations Court (ELRC), (Wasilwa J) on 27th February, 2020 following an application by Proscovia Vitsengwa (1st respondent) dated 28th August, 2019. In that application, the 1st respondent herein sought from the ELRC the suspension of advertisement by Kenya Railways Corporation Managing Director published on the 17th May, 2019 announcing 27 vacancies at the corporation and subsequently internal advertisement of 5th July, 2019 that …

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