RULING
The Judicial Service Commission, the applicant herein has by an application dated 9th February 2024 brought under rules 5(2) (b), 43 and 44 (1)&(2) of the Court of Appeal Rules sought an order of stay of execution of the decree of Nairobi ELRC (Ocharo, J.) delivered on 20th December 2023 in ELRC Cause No. E766 of 2021 pending the hearing of the appeal.
By his judgment delivered on 20th December 2023, Ocharo, J. entered judgment in favor of Ruth Muthoni Njau, the respondent herein for wrongful termination of her employment by the applicant. She had challenged her dismissal from employment on the grounds that it was without a fair hearing and was contrary to the terms of the Employment Contract, the Commission’s Policy, the Employment Act and the principles of natural justice. The learned Judge made orders, inter alia; a declaration that the summary dismissal of the respondent from employment was procedurally and substantively unfair, and issued an order…