Martin Malau Wanyonyi p/a Kimaru Kiplagat & Company Advocates v Malvinder Singh Mann t/a Ikohi Traders [2022] KEELRC 14724 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT ELDORET

MISCELLANEOUS  APPLICATION NO. 15 OF 2020

MARTIN MALAU WANYONYI  P/A KIMARU KIPLAGAT & COMPANY ADVOCATES.....CLAIMANT

VERSUS

MALVINDER SINGH MANN T/A IKOHI TRADERS...............................................................RESPONDENT

RULING

1. The application dated 26th July, 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 of 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