TEACHERS SERVICE COMMISSION V. DOUGLAS MURIITHI MAGIRI

RULING OF THE COURT

The applicant, the TEACHERS SERVICE COMMISSION filed a Notice of Motion dated 13^th February, 2017 predicated on Rule 5(2)(b) as well as Rules 41,42 and 47 of this Court’s Rules. The Applicant sought the following orders:-

“1. Spent

2. That this Honouable Court be pleased to order stay of execution of the judgment of Hon. Justice Byram Ongaya delivered and dated 9^th December, 2016 pending the hearing and determination of this application.

3. That this honourable court be pleased to order stay of execution of the judgment of Hon. Justice Byram Ongaya delivered on 9^th December, 2016 pending the lodgment, hearing and determination of the intended appeal.

4. That the costs of this application be in the cause.”

DOUGLAS MURIITHI MAGIRI the then claimant, was named as the respondent.

The motion was supported by the affidavit of DINAH MWAITA, the then Senior Deputy Director in charge of Teacher Management in the applicant’s employment sworn on 13^th February, 2017. She deponed that…