RADIO FREQUENCY SYSTEMS (E.A) LIMITED V. NEHEMIAH KIPROP KIPLAGAT, ELISHA DONALD KOLI, HUDSON LIHANDA, STANLEY OIRERE MOSOMI, GERALD KINGORI KARIUKI, ENOCH MONARI, MUNGA EDWIN ODHIAMBO, BENARD OWITI, EDWIN ONGERI BOSIRE, MICHAEL MUTAHI, ASAPH JUMA KIVITE, VICTOR KIPKOGEI, MUNYAO ERICSON MUTUKU, SAMMY KIRWA MUTUKU, CLIVE OMARI RUOTI, JACQUILENE MORAA, EUNICE WAIRIMU WAITUIRI, CHARLES KIAGE MAKORI & WARUTERE DAVID MAINA

RULING OF THE COURT

1. Before us is an application dated 28th October, 2019 anchored under Rule 5(2)(b) of the Court of Appeal Rules wherein the applicant seeks inter alia, stay of execution of the ruling and Order of the Employment and Labour Relations Court (Lady Justice Wasilwa) pending the hearing and determination of the intended appeal.

2. In brief, the background leading to the filing of the application was brought about by infighting amongst the directors of the applicant company which resulted in divergent instructions being issued to two different law firms, being the firm of M.M. Gitonga and Co. and Midenga and Company Advocates. The consequence of this confusion was the adoption of a consent executed by Midenga and Company Advocates and the respondent’s Advocates in settlement of the respondents’ claim and a subsequent application filed by the firm of M. M. Gitonga and Co. seeking to set aside the aforementioned consent. In a ruling delivered on 14th October, 2019, Wasilwa, …