RULING OF THE COURT
On the 16th September, 2014, the applicant authority filed the notice of motion dated a day earlier, under Rule 5(2)(b) of the Rules of this Court. The main prayer was worded thus:
“3. That this Honourable Court do order a stay of execution proceedings of the judgment of the Industrial Court of Kenya at Nakuru (Mr. Justice Byrum Ongaya) delivered on the 13th July, 2014 in Industrial Case No.214 of 2012 pending the inter partes hearing and determination of the appeal.”
The grounds put forth together with the deposition in the supporting affidavit of Prof. Geoffrey Wakungu, Director General of the applicant formed the basis on which Mr. Kalii, learned counsel for the applicant presented the motion. Mr. Morintat, learned counsel for the respondent, opposed it.
The brief background to this cause is that the respondent was the Provincial Director of Environment (Rift Valley). His duties included issuing licences for what were called low and medium risk projects. On 15th Mar…