RULING
INTRODUCTION
[1] This matter emanates from the decision of the Employment and Labour Relations Court, in Nairobi Petition No. 3 of 2015, Teachers Service Commission v. Kenya National Union of Teachers and Others.
[2] The applicant, being aggrieved by the decision of the Employment and Labour Relations Court, lodged a Notice of Appeal, pursuant to which it filed an application for stay of execution of the Court’s Judgment, under Rule 5(2) (b) of the Court of Appeal Rules, 2010. Rule 5(2) (b) of the said Rules provides that:
“Subject to sub-rule (1), the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the Court may—
(a)...
(b) in any civil proceedings, where a notice of appeal has been lodged in accordance with rule 75, order a stay of execution, an injunction or a stay of any further proceedings on such terms as the Court may think just.”
[3] Upon hearing the application, the Court of Appeal granted a conditional stay of execution of the Jud…