Robert Bosire Nyagaka v Agriculture & Livestock Limited [2015] KEELRC 1552 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS

COURT OF KENYA AT NAIROBI

CAUSE NO. 1375 OF 2011

ROBERT BOSIRE NYAGAKA  …………..…………….. CLAIMANT

VERSUS

AGRICULTURE & LIVESTOCK LIMITED …….….. RESPONDENT

Mr. Khalwale for Applicant / Respondent

Mr. Namada for claimant / Respondent

RULING

1.       The Court entertained an application for stay of execution of the   judgment of the Court delivered on 19th September 2013 and   delivered a ruling on 13th November 2014.  The Applicant has since  noted an Appeal against the ruling

2.       The Applicant moved another Application on 18th November 2014  seeking a stay of execution of the decree issued herein pending the hearing and final determination of the appeal.

3.       The Applicant got interim orders from Hon. Nzioki Makau J. pending the hearing and determination of this Application.

4.      The judgment of the Court is sounding in money comprising of  terminal benefits due and owing to the Claimant who was dismissed from employment on 1st July 2011.  There is no evidence that the Claimant is a man of straw and would be unable to repay the amount if the appeal is successful.

5.       The Court is not satisfied that the intended Appeal will be rendered nugatory if the stay of execution is not granted.

6.      Furthermore, the draft memorandum of Appeal was not attached to this application and from the grounds set out on the face of the Application and the contents of the Supporting Affidavit, the Court is not satisfied that the intended Appeal against the ruling   of the Court is arguable.

7.       For these reasons, the Application for stay of the ruling of the Court   delivered on 13th November 2014 pending the hearing of the intended Appeal is refused with costs.

Dated and delivered at Nairobi this 25th day of February, 2015.

MATHEWS N. NDUMA

PRINCIPAL JUDGE