RULING OF THE COURT
By a Notice of Motion dated 7th February 2024 brought under rule 5 (2)(b) of the Court of Appeal Rules and section 3, 3A & 3B of the Appellate Jurisdiction Act, DHL Worldwide Express Kenya Ltd (DHL), the applicant, seeks orders of stay of execution of the judgment of Ongaya, J. delivered on 27th November 2023 and all the consequential orders pending the hearing and determination of the intended appeal.
By his judgment delivered on 27th November 2023, Ongaya, J. entered judgment in favour of the respondent for, inter alia, Kshs.9,117,785.38/- being damages for unfair and unlawful termination, and directed that the judgment sum be paid by 1st February, 2024 failing which interest is payable at Court rates from the date of the judgment until payment in full.
Aggrieved, the applicant lodged its notice of appeal dated 27th November 2023 and filed its appeal, to wit, Civil Appeal No. E106 of 2024, as well as the instant application. The application is supported b…