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Registered Trustees of the Anglican Church of Kenya v. James Maina Maigwa, John Njogu Gachau & Paul Mwangi Warui

(2017) JELR 95117 (CA)

Court of Appeal  •  Civil Application 71 of 2016 (Ur 52/16)  •  7 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

By the motion dated 7th October 2016, and brought under Rule 5(2) (b) of the Court of Appeal Rules the Registered Trustees of the Anglican Church of Kenya (the applicant) seeks as against the respondents James Maina Maigwa, John Njogu Gacha and Paul Mwangi Warui an order staying the execution of the Judgment and decree of the Employment and Labour Relations Court at Nyeri (Ongaya J) by which the applicant is required to reinstate the respondents to their full priestly employment with the applicant and to pay to them various sums amounting to Kshs. 6,888,590. The application is premised on the usual grounds namely; that the applicant has an arguable appeal and that the same would be rendered nugatory unless the stay sought is granted. It is also supported by an affidavit sworn by Desmond Mtula, the applicant’s Managing Director.

The gist of that affidavit, which the applicant’s learned counsel Mr. Mayende relied on when urging the application is that the respondents w…

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