The Kenya Marine Fisheries Research Institute (Kemfri) got a reprieve after the Court of Appeal suspended the execution of a judgement where it was supposed to pay its former director Sh70.7million.
Appealate Judges Roselyn Nambuye, Hannah Okwengu and Daniel Musinga further directed Kemfri to deposit Sh36 million as security, within 30 days into an interest earning account in the joint names of the parties’ advocates with any reputable bank chosen by the former director, Dr Ezekiel Okemwa,.
"In the event of non-compliance with the order, the orders of stay of execution and stay of enforcement proceedings (at the High Court) shall stand discharged and the applications shall be deemed as dismissed,"said the Judges.
The proceedings at the High Court relate to an application by Dr Okemwa seeking an order to compel Kemfri to pay him Sh70.7 million together with interest accrued pursuant to the judgment by the Employment and Labour Relations Court (ELRC).
The Court of Appeal issued the orders pending hearing and determination of an appeal by Kemfri against the judgement of the ELRC.
The Judges also ruled that if the orders sought by Kemfri were not granted, execution of the decree will proceed thus rendering the appeal “nugatory,” if it will be successful. "The respondent (Dr Okemwa) did not state that he is capable of refunding the decretal sum in the event that the appeal (by Kemfri) is allowed and he is ordered to repay it," said the three judge bench. However, they also noted that Dr Okemwa has a monetary decree in his favour, and that Kemfri told the trial court that it was solvent and financially able to deposit the decretal sum in an interest earning account.