Case ID:168539
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
David Kipchumba Kogo v County Public Service Board Marakwet County & another [2020] eKLR
Case Metadata
Case Number:
Cause 22 of 2018
Parties:
David Kipchumba Kogo v County Public Service Board Marakwet County & another
Date Delivered:
04 Dec 2020
Case Class:
Civil
Court:
Employment and Labour Relations Court at Eldoret
Case Action:
Ruling
Judge(s):
Nelson Jorum Abuodha
Citation:
David Kipchumba Kogo v County Public Service Board Marakwet County & another [2020] eKLR
Court Division:
Employment and Labour Relations
County:
Uasin Gishu
Case Outcome:
Application dismissed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT ELDORET
CAUSE NO 22 OF 2018
DAVID KIPCHUMBA KOGO.............................................................................APPLICANT
VERSUS
THE COUNTY PUBLIC SERVICE BOARD MARAKWET COUNTY AND ANOTHER
R U L I N G
1. The applicant in the motion dated 19
th
October, 2020 seeks orders among others that there be a stay of execution of the judgement of the Court delivered on 28
th
November, 2019 pending the hearing and determination of the appeal intended to be lodged by the applicant.
2. The judgement of the Court was delivered almost one year ago and this application filed on 21
st
October, 2020 on the same day the Bill of Costs was due for taxation.
3. Whereas the applicant filed notice of appeal on 11
th
December, 2019, the applicant stated that he requested for certified copy of proceedings and judgement through a letter dated 11
th
December, 2019 and that he has been unable to lodge the record of appeal due to the delay in the processing of the Court proceedings.
4. An application for stay of execution of judgement of the trial Court is not a function of obtaining typed proceedings of the trial court. The application can be made as soon as the judgement is to be appealed from is delivered once the notice of appeal is lodged. In the circumstances the court is not convinced that there are reasonable grounds for the delay in bringing the present application. Its filing when the Bill of Costs is slated for taxation can only be construed as delaying tactic in the execution of the Court’s judgement.
5. The application is therefore dismissed.
6. It is so ordered.
Dated at Eldoret this 4th day of December 2020
Abuodha Jorum Nelson
Judge
Delivered this 4th day of December 2020
Abuodha Jorum Nelson
Judge
In the presence of:-
..................................................for the Claimant and
......................................................for the Respondent.
Abuodha J. N.
Judge