RULING OF THE COURT
By their motion dated and filed on 9th May, 2011, M/s Simba Colt Motors Ltd. (“Simba” or “the applicant” ) seek one substantive order under rule 5 (2) (b) of the Court’s rules, after abandoning another prayer for stay of proceedings. The order sought is as follows:
“2 Pending the lodging, hearing an determination of an intended appeal from the Award and Decree of the Industrial Court delivered on the 1st day of February, 2011, this Honourable Court be pleased to grant a stay of execution of the said Award and Decree.”
It also seeks costs of the application.
The Award and Decree of the Industrial Court which is intended to be challenged, arose from a claim laid before the Industrial Court by James Gitahi Mwangi (“Mwangi” or “the respondent”) for recovery of Shs.126,687,978 from Simba. It was common ground that Mwangi was employed by Simba as a fleet/Government Sales Manager between July, 2000 and May, 2009 when he tendered his resignation. It is also common ground that…