RULING OF THE COURT
[1] By an application dated 15th May, 2017, and mainly brought under Rule 5(2) (b) of the Court of Appeal Rules, the applicant seeks an order that the execution of the judgment of the Employment and Labour Relations Court dated 5th May, 2017, be stayed pending hearing and determination of the intended appeal.
[2] The application is based on the grounds on the body of the application and in the supporting affidavit of Joseph Kipchumba Lagat, the Chairman of Board of Directors of the Lake Victoria North Water Services Board (1st applicant herein). The respondent did not file a replying affidavit and his advocates M/S Lestins and Smith Advocates did not attend the hearing of the application although they were duly served with the application and hearing notice.
[3] The statement of claim filed by the respondent in the High Court, the interlocutory application, the respective affidavit and the correspondence exchanged between the parties were not incorporated in the recor…