RULING OF THE COURT
The applicant Commission filed the notice of motion dated 28th August, 2013 under Rules 5(2)(b), 42, 47 of the Court’s Rules. The main prayer was:
(i) that this Court do grant a stay of execution of the judgment in Nakuru Industrial Court Cause No.4 of 2013, until an intended appeal is heard and determined.
The motion was supported by an affidavit. The brief background of the case in question is that the respondent, a teacher employed by the applicant with effect from 13th October, 2005 went away from her duty station at Riabigutu Secondary School to attend to her sick husband. On or/about 28th August, 2009 she sent an application for study leave to the applicant to approve. The applicant found that she did not qualify for such leave. That was communicated to the respondent, through her Principal but seemingly the respondent went off to study. The Principal reported that the respondent had not been on duty since 8th August 2009. The applicant considered her conduct as…