1.In the Application dated 21st December, 2022, the Applicant sought Orders That:-
2.The Application filed under certificate of urgency was scheduled for hearing on 18th January, 2023 and counsel for both parties made their respective submissions.
3.The Applicant submitted that its application was based on directions given by the court on 20th September, 2022, that leave to appeal be sought.
4.Needless to emphasize, the right to appeal against judgements, orders, awards and decrees of this court is prescribed by the law and no leave was required in the first instance.
5.The provisions of section 17(1) of the Employment and Labour Relations Court Act, 2011 are categorical that;Appeals from the court shall lie to the Court of Appeal against any judgement, award, order or decree issued by the court in accordance with article 164(3) of the Constitution.
6.In other words, Orders, Judgements and Rulings of this court are appealable as of right at the Court of Appeal and no leave of this court is necessary. It is patently clear to the court that the directions issued on 20th September, 2022 were issued in error as the law did not provide for leave to appeal a decision of this court.
7.This position was amplified by counsel for the Respondent who submitted that the court had no jurisdiction to grant the orders sought being the trial court.
10.Although counsels occasionally lodge applications before the trial court, for extension of time to file an appeal or stay pending appeal to the Court of Appeal, the more appropriate forum to make these applications is in the court’s view the court before which the intended appeal will be prosecuted. The appeal court has a better panoramic view of the appeal than the trial court. In the circumstances, the application for stay of proceedings pending the hearing and determination of the appeal is disallowed.
11.In the end, having found that the Applicant has a statutorily guaranteed right to appeal the ruling delivered on September 20, 2022 at the Court of Appeal and this court has no jurisdiction to grant the leave sought by the applicant, the court hereby downs its tools as required of it by law.