YOUTH AGENDA V. RITA KIJALA SHAKO

RULING OF THE COURT

Before us is an application by way of Notice of Motion dated 13^th April, 2012. It is expressed to be brought under rules 5(2)(b) and 42 of this Court’s rules. In the main the application seeks that this Court be pleased to stay the execution of the decree of the Industrial Court of Kenya issued on the 16^th of March, 2012 pending the lodging, hearing and determination of the intended appeal against the said judgment and decree. The applicant too prays that the costs of the application be provided for.

The application is hinged on the grounds that the applicant has an arguable appeal and the appeal if successful, is likely to be rendered nugatory unless the application for stay of execution is allowed because the respondent, who is an individual of limited financial capacity if paid the decretal sum will be incapable of refunding the amount. In the intended grounds of appeal, the applicant has assailed the Industrial Court Judge for making a finding that the respondent…