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Teachers Service Commission v. Kenya National Union of Teachers (KNUT) & Kenya Union of Post Primary Education TEACHERS (KUPPET), Interested Party Salaries and Remuneration Commission (SRC) & Attorney General

(2015) JELR 94907 (CA)

Court of Appeal  •  Civil Application Nai. 190 of 2015  •  23 Jul 2015  •  Kenya

Coram
Mohammed Abdullahi Warsame, Jamila Mohammed, Sankale ole Kantai

Judgement

RULING OF THE COURT

By Notice of Motion dated 9th July, 2015 the applicant, Teachers Service Commission, has approached this Court inter alia under Rule 5 (2) (b) of this Court's Rules seeking in the main that we grant a stay of execution of the Judgment and Orders of the Employment and Labour Relations Court in Nairobi Petition No. 3 of 2015 and all other consequential orders issued in furtherance of the Judgment. It is contended by the applicant that the intended appeal has considerable chances of success and is therefore arguable. Also that if the judgment is implemented the intended appeal would be rendered nugatory. That position is supported by the 1st and 2nd interested parties.

The 1st and 2nd respondents are of the opposite view and therefore oppose the application contending that the learned Judge acted within his mandate and determined the issue submitted to him by the parties. The learned Judge held inter alia that the Collective Bargaining Agreement duly signed by the partiā€¦

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