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TEACHERS SERVICE COMMISSION
V.
EZEKIEL MUCHESI

(2019) JELR 94327 (CA)

Court of Appeal 19 Jul 2019 Kenya
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Case Details

Suit Number:Civil Application 138 of 2019 (UR 29/2019)
Judges:Martha Karambu Koome, James Otieno Odek, Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Teachers Service Commission v. Ezekiel Muchesi [2019] eKLR

RULING OF THE COURT

[1] By an award issued in a judgment delivered on 4th October, 2018 the Teachers Service Commission (applicant) was ordered to pay Ezekiel Muchesi (respondent) the following:-

“1. Unpaid salary during the period of interdiction being salary from 10th September, 2004 to 11th October, 2006=30,917 x 25m,onths = 777,925/=.

2. Damages for unfair and unlawful termination = 12 months x 30,917 = 371,004/=

TOTAL= 1,143,929/=

3. The respondent will pay costs of this suit plus interest at court rates with effect from the date of this judgment.”

[2] Dissatisfied with the said orders, the applicant filed a Notice of Appeal on the 16th October, 2018 followed several months later, by the notice of motion dated 10th April, 2019 seeking principally an order of stay of execution of the aforesaid judgment and all consequential orders pending the hearing and determination of the intended appeal. The application is supported by the grounds stated in the body thereto, which are elaborated fur…

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