RULING OF GITHINJI, JA.
This is an application under Rule 5(2) (b) of the Court of Appeal Rules, 2010 for two main orders, namely, firstly that the execution of the judgment of the Employment and Labour Relations court, (trial court) dated 19th May 2015 be stayed pending the hearing and determination of the intended appeal and, secondly, that the proceedings in the Employment and Labour Relations Cause No. 1982 of 2013 be stayed pending the hearing and determination of the intended appeal.
A brief background to the application is appropriate. On 17th June 2010, the applicant employed one Samuel Chege Njoroge (grievant) as a graduate clerk and posted him to Mariakani branch of the applicant and at the relevant time he was the ATM custodian. He was a member of Banking Insurance and Finance Union (Kenya) - the respondent herein which has entered into a Collective Bargaining Agreement with the applicant. By a letter dated 21st December 2012, the applicant suspended the grievant from duty pe…