Abigael Nyandoya, Victor Chadiva , Fridah Mbati Mikali & Peter Kamisi Edemba v Clerk, County Asembly of Vihiga & Vihiga County Assembly Service Board [2016] KEELRC 867 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT KISUMU

CLAIM NO.295 OF 2014

(Before Hon. Lady Justice Maureen Onyango)

ABIGAEL NYANDOYA ...................................................................1ST CLAIMANT

VICTOR CHADIVA .......................................................................2ND CLAIMANT

FRIDAH MBATI MIKALI ............................................................3RD CLAIMANT

PETER KAMISI EDEMBA ............................................................4TH CLAIMANT

-Versus-

CLERK, COUNTY ASEMBLY OF VIHIGA  ...............................1ST RESPONDENT

VIHIGA COUNTY ASSEMBLY SERVICE BOARD .....................2ND RESPONDENT

RULING

On 25th June, 2015 I delivered my Ruling in respect of the Respondent's Notice of Motion dated 8th January, 2015.  The Notice of Motion sought the following orders:-

1.  The application be placed before the Judge urgently for perusal and be certified urgent for perusal and be certified urgent for hearing on priority basis.

2.  Pending inter-parties hearing there be stay of execution of the decree and/or order herein and stay of proceedings.

3.  The stay of execution and stay of proceedings remain in force until the final hearing and/or determination of the appeal against the said ruling at the Court of Appeal.

4. Costs of this application do abide the outcome.

The Ruling was to the effect that ''the proceedings in this file including execution of the orders of this court made in the ruling delivered on 3rd December 2014 be and are hereby stayed pending the determination of Civil Appeal No.8 of 2015 at the Court of Appeal in Kisumu.''

When parties appeared before me on 18th November and again on 9th December, 2015, none of the parties made any reference to this courts orders of 25th June, 2015 or the Kisumu Civil Appeal No.8 of 2015.

Since the said orders are still in force, this court is unable to prepare Judgement in this file as sought by the parties.

I hereby confirm that proceedings in this file will be stayed pending the determination or further orders of the court of Appeal in Kisumu Civil Appeal No. 8 of 2015.

Dated and signed and delivered this 26th day of May, 2016

MAUREEN ONYANGO

JUDGE