1.Before me is the Petitioner’s Notice of Motion dated 21st February 2022 filed under Certificate of Urgency on 25th February 2022 (the Application) in which he seeks the following orders: -i.Spentii.That the service of this Notice of Motion dispensed with owing to the urgency of the matter.iii.That this Honourable Court be pleased to grant a stay of execution of its Judgment and the orders therein dated 18th February 2022 pending the hearing and determination of this application.iv.That this Honourable Court be pleased to grant a stay of execution of its Judgment and the Orders therein dated 18 February 2022 pending hearing and determination of the intended appeal against the Judgment of this Honourable Court.v.That costs of the Application be in the cause.
2.The Application is premised on the grounds that the Applicant is aggrieved by this Court’s Judgment of 18 February 2022. That the Judgement in effect retired the Petitioner/Applicant from serving the Respondent in his capacity as an engineer and that he intends to appeal against the said Judgment.
3.On 25 February 2022, Mbaru J. issued orders in the following terms: -i.That the application dated 21st February 2022 is hereby certified urgent.ii.That in the interim and to allow for service, stay of execution of the Judgment delivered on 18th February, 2022 is hereby allowed.iii.That serve (sic) the Claimant who shall reply within 14 days.iv.That hearing (sic) on 10th March 2022 before the Trial Court/Duty Judge.
4.The Respondent filed a Preliminary Objection dated 8 March 2022 on the singular ground that the Application is an abuse of the Court process as the Judgment as sought to be stayed is a negative order incapable of execution.
5.Pursuant to this Court’s directions of 18 March 2020, the Court directed that the Preliminary Objection be deemed a response to the Petitioner’s Application.
6.Order 42 Rule 6 of the Civil Procedure Rules 2010 contains the relevant provisions for grant of stay of execution which are applicable to this Court. It provides as follows:(2)No order for stay of execution shall be made under subrule (1) unless—a.The Court is satisfied that substantial loss may result to the Applicant unless the order is made; andb.that the application has been made without unreasonable delay; andc.Such security as the Court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the Applicant.
9.From the foregoing, it is clear that the Court has wide discretion in granting stay of execution, but such discretion is to be exercised judiciously, after considering the specific circumstances of the particular matter.
10.In this case, the Court’s Judgment dismissed the Petition. There were no other orders issued. The question thus becomes whether there is any order capable of being stayed.
13.This Court in its judgement did not order any of the parties to do anything or to refrain from doing anything or to pay any sums of money, not even costs. There is nothing arising out of the judgment for this Court to stay.
14.In view of the foregoing, I dismiss the Petitioner’s application with no order as to costs.