REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1421 OF 2013
PATRICK MUTUNE KIMEU..........................................CLAIMANT
VERSUS
ATHI STORES LIMITED.......................................RESPONDENT
RULING
1. The applicant seeks stay of execution of judgment of Nzioki Makau J. delivered on 29th June 2016 in favour of the claimant.
2. The court has considered the submissions by both parties and has come to the conclusion that the applicant has an arguable appeal but the dictates of justice require a balancing act, in that the claimant has waited for a long time to get his day in court and should be allowed to enjoy part of the decretal sum pending appeal.
3. The application was brought timeously but the court is satisfied that payment of half the decretal sum will not render the appeal nugatory.
4. Accordingly, the court makes the following orders;
i. The court grants stay of the judgment delivered on 29th July 2016 pending appeal.
ii. The respondent to pay the claimant half of the judgment sum and deposit the balance with the court within ten (10) days of this ruling failing which the order for stay of execution to automatically lapse and execution to issue.
Dated and delivered at Nairobi this 20th day of December, 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE