Zachariah Sambay v Narok University College [2013] eKLR [2013] KEELRC 548 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT NAIROBI

Cause Number 705 Of 2011

BETWEEN

Zachariah Sambay…….…………. ………………………………………………………………………………. CLAIMANT

VERSUS

Narok University College…………………………………………….........……………………………………RESPONDENT

Rika J

CC. Leah Muthaka

______________________________________________________________________________

Mr. Keya instructed byWambua Kigamwa and Company Advocates for the Claimant

Mr. Lutta  instructed by Lutta & Company Advocates for the Respondent

RULING

Award in favour of the Claimant, was delivered in Court on 3rd May 2013.  The Respondent was ordered to pay to the Claimant Kshs.577,752, in compensation, within 30 days of 3rd May 2013.

At the close of the 30 days, the Respondent filed an Application for Stay of Execution pending Appeal at the Court of Appeal.  The Application is dated 3rd June 2013.  The Notice of Appeal was filed on 16th May 2013.

The Application is supported by the Affidavit of Alfred Nyabochwa, Legal Officer, sworn on 3rd June 2013.

The Application is opposed.The Respondent filed Grounds of Opposition dated 11th June 2013.  The Application was heard on 21st June 2013.

The Court Finds and Orders:-

1.         The Award made in favour of the Claimant is for compensation, in the sum of Kshs.577,752, arising from a termination of employment which the Court declared to be unfair.

2.         The principle that outweighs all other principles in considering an Application to Stay for Execution of a monetary Award of this nature, is that the Court must not deny or delay the Employees the enjoyment of their compensation.

3.         The Applicant must show that there exists special circumstances to merit such delay or denial of execution.  In this case, the Respondent has not demonstrated recondite legal grounds for appeal.  It has not been shown that by paying Zacharia Sambay Kshs.577,752, the subject matter and the right of appeal will be defeated, and the Judgment of the Court of Appeal would be incapable of restoring Parties to the Status Quo.

IT IS HEREBY ORDERED:-

(a)        The Application for stay of Execution dated 3rd May 2013 is rejected.

(b)        Interim Stay is vacated and the Claimant placed at liberty to execute the Award.

(c)        No order on the costs.

Dated and delivered at Nairobi this 12th  day of July  2013

James Rika

Judge