RULING OF THE COURT
1. This is an application brought under rule 5(2) (b) of this Court’s Rules. The applicant seeks stay of execution of the judgment and decree that was delivered by the Employment and Labour Relations Court (ELRC) in KERICHO ELRC PETITION NO. 10 OF 2017 on 25th November 2019, pending hearing and determination of an appeal that he has filed against the said judgment.
2. The application is supported by the applicant’s mandated affidavit. In the suit that the applicant had filed before the ELRC, the applicant was challenging, inter alia, the summary dismissal from his employment as the Secretary of Kisii County Public Service Board (the 2nd respondent) for gross misconduct. The summary dismissal was effected on 2nd February 2018.
3. The applicant had sought, among other reliefs, a declaration that the termination of his employment was unconstitutional, null and void, since the respondents had contravened the guiding principles of leadership and integrity under Article 73(…