RULING OF THE COURT
Before us is a motion on notice dated 3rd June, 2020 in which the applicant prays for an order for stay of execution of the judgment and decree of the Employment and Labour Relations Court dated 4th October, 2018 and all consequential proceedings, pending the hearing and determination of this application and the intended appeal.
The application is brought under Rule 5(2) (b) of the Court of Appeal Rules and is premised on the grounds that: by a judgment dated 4th October, 2018 the trial court awarded the respondents a total sum of Kshs 12, 314,507. 54 and 9,779,837.70 respectively as damages for unfair termination of Employment; the applicant was only made aware that the hearing of the suit had proceeded ex parte shortly after the delivery of the judgment; the applicant thereafter took necessary steps to set aside the judgment by instructing their then advocates on record to do so; the applicant believed that the said advocates had taken appropriate legal steps and a…