COUNTY PUBLIC SERVICE BOARD KITUI
V.
KENYA COUNTY GOVERNMENT WORKERS UNION

RULING OF THE COURT

The motion dated 12^th July 2017 having been certified as urgent sought inter alia, the following orders:

“1. Spent.

2. Spent.

3. That the honourable court be pleased to grant a stay of proceedings in Nyeri Employment and Labour Relations Court Cause No. 45 of 2016 pending the hearing and determination of an intended appeal from the ruling and orders of Justice Byram Ongaya delivered on 16^th June, 2017.

4. That the costs of this application be provided for.

5. That the court be pleased to grant any further orders if any in the interest of justice.”

A brief background to the motion is that vide a statement of claim dated 24^th February, 2016, THE KENYA GOVERNMENT WORKERS UNION (the respondent herein) filed suit against the COUNTY PUBLIC SERVICE BOARD OF KITUI, the appellant herein (and the then respondent). According to the statement of claim the “issue in dispute” was the unlawful termination of OSCAR KIILI NZILU by the then Kitui Municipal Council, the predecessor of the a…