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Original judgment

Lavington Security Ltd v Cheruyiot

Lavington Security Ltd v Cheruyiot (Appeal E015 of 2026) [2026] KEELRC 2705 (KLR) (7 September 2026) (Ruling) Neutral citation: [2026] KEELRC 2705 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU APPEAL E015 OF 2026 J RIKA, J SEPTEMBER 7, 2026 BETWEEN LAVINGTON SECURITY LIMITED .................................................... APPELLANT AND WESLEY CHERUYIOT ....................................................................... RESPONDENT RULING 1. The record shows that the Appellant made an application for stay of execution pending appeal, on 15th April 2026. 2. The application was head on merit, and dismissed on 30th April 2026. 3. The Appellant then led a similar application during the court vacation, dated 12th August 2026. 4. There was no disclosure made to the Court about the previous application, and ruling on record. 5. The Court granted the Appellant an order of interim stay of execution, with the directive that the decretal sum is deposited in Court, within 14 days. 6. This order, made on 12th August 2026, resulted from the Appellant’s material non-disclosure. 7. Although obtained irregularly, the Appellant did not deposit the decretal sum as had been directed. 8. Instead, the Appellant returned to Court ex parte, on 1st September 2026, still under the court vacation rules, and obtained extension of the irregular orders. 9. Counsel for the Appellant informed the Court that she was engaging the Counsel for the Respondent, on settlement of the decretal sum, a submission that persuaded the Court to extend the interim order to 8th October 2026. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2705/eng@2026-09-07 1

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10. The Respondent led an application dated 4th September 2026, asking the Court to vacate the interim orders issued on 12th August 2026, and the extension orders made on 1st September 2026. 11. The application is founded on the principle of res judicata. It is submitted also, that there been no engagement between the Counsel on settlement of the decree, as intimated to the Court by Counsel for the Appellant. 12. Upon consideration of the application, the Court makes the following orders: a. The application dated 4th September 2026 led by the Appellant is certied urgent. b. It is admitted for hearing during the court vacation. c. It is clear that the orders made on 12th August 2026, and extended on 1st September 2026, were made irregularly and per incuriam, contrary to res judicata principle. d. Those orders cannot be sustained, and are hereby recalled and vacated forthwith. e. The Appeal is taken out of the mention list for 8th October 2026. f. The Appellant is an liberty to execute. g. Costs of both applications to the Appellant. DATED, SIGNED AND ISSUED ELECTRONICALLY AT NAKURU, THIS 7TH DAY OF SEPTEMBER 2026. JAMES RIKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2705/eng@2026-09-07 2

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