Hussein Mwanza v Muslim Association [2022] KEELRC 14720 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT ELDORET

CAUSE NO. 62 OF 2017

HUSSEIN MWANZA...................................................................................................CLAIMANT

VERSUS

MUSLIM ASSOCIATION.....................................................................................RESPONDENT

RULING

1. The application dated 23rd August, 2021 seeks among others an order of stay of execution of the decision of the Deputy Registrar of this Court made on 18th June, 2021 pending the hearing and determination of Reference to this Court of the decision of the said Deputy Registrar referred to above.

2. The Court has reviewed and considered the application and the grounds upon which it has been brought.  The court has further considered the Replying Affidavit by the respondent sworn in opposition to the application and has become of the view that no prejudice would be occasioned to the respondent if the stay orders sought are granted pending determination of the Reference to this Court of the decision of the Deputy Registrar made on 18th July, 2021.

3. The Court therefore grants the stay of execution sought and directs the parties to fast track the hearing of the reference.

4. It is so ordered.

DATED AND DELIVERED AT ELDORET THIS 18TH  DAY OF MARCH, 2022

ABUODHA NELSON JORUM

JUDGE ELRC