Wa Mutinda v Municipal Council of Bomet & 3 others (Cause 214 of 2016) [2023] KEELRC 1709 (KLR)

3. That notice of appeal was filed on 29/9/2022 timeously and a memorandum of appeal subsequently filed dated 9/12/2022. 4. That the claimant has commenced the process of execution and that it is in the interest of justice that the court grants stay of execution pending the hearing and determination of the Appeal which has high probability of success. 5. That the decretal sum is large and the claimant may not be able to refund the same if paid and this would render the appeal nugatory. That the applicant is ready and willing to abide by the terms imposed by the court as to provision of security. That applicant stands to sufier substantial loss if stay of execution is not granted and the appeal is successful in due course. 6. The application is opposed vide a replying afidavit of the claimant in which the claimant acknowledges that the applicant has filed an appeal. The claimant states that the appeal is frivolous and has no chances of success. 7. The claimant states that he is an employee of the Public Service Commission (PSC) and so it is not true that he is a person of unknown means. That the claimant works as a Senior Deputy Secretary at the Ministry of Education. That he has served the public service for a period of 30 years and is therefore not a man of straw. 8. That he has been denied use of his salary since the year 2007 to-date, a period of sixteen (16) years. That any further delay is prejudicial to the claimant. 9. That if stay is granted, the decretal sum be deposited in a joint interest earning account. 10. That the application be dismissed with costs. Determination 11. The court has considered the deposition and submissions by the parties and is of the considered finding that it is in the interest of justice that stay of execution pending the hearing and determination of the appeal be granted provided the respondent deposits the entire decretal sum in an interest earning account held jointly in the names of the advocates for the claimant and the advocates for the respondent within 45 days of this ruling. 12. In the event the respondent/applicant fails to deposit the decretal sum within 45 days as directed by the court, the order for stay of execution shall lapse and execution to follow. 13. It is so ordered. DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 6TH DAY OF JULY, 2023. MATHEWS N. NDUMA JUDGE Appearances Brian Otieno for the applicant E.K. Mutua & Co Advocates for claimant/respondent Ekale: Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1709/eng@2023-07-06 2

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