REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT

NAIROBI
CAUSE NO. OF

…………………………CLAIMANT

-VERSUS-

……………………………………RESPONDENT

REPLYING AFFIDAVIT

I of P.O.BOX Nairobi do hereby make oath

and state as follows:-
1. THAT I am a male adult of sound mind and disposition therefore

competent to swear this affidavit.

2. THAT I have read and understood the Supporting Affidavit of

……………… sworn on 7th October 2022 and wish to respond as

hereunder:-

3. THAT the Respondent filed an application dated 28 th July 2022 which the

honourable court granted interim orders and directed that the matter be heard

on 20th September 2022 before the Presiding Judge (Annexed herewith and

marked as “……” is a copy of the Order given 5th August 2022.)

4. THAT on the 20th September 2022 when the Respondent’s Application

came up for hearing in the absence of the Respondent the interim orders was

discharged. (Annexed herewith and marked as “..…” is a copy of the

Order given 20th Septembers 2022.)

5. THAT the assertion by the Respondent that this matter was not listed is

totally untrue. (Annexed herewith and marked as “………” is a copy of

the Cause list for 20th September 2022.)

6. THAT execution has not yet commenced the orders sought herein are

unwarranted and in any case the mere fact that execution has been

commenced does not amount to substantial loss in that the process is a

lawful process.

7. THAT the successful litigant is entitled to enjoy the fruits of his judgment

and as such should be protected by this honourable court since no security

has been offered in the event the appeal is not successful.

8. THAT this application does not meet the legal threshold as per Order 42

Rule 6(2) of the Civil Procedure Rules for the grant of stay pending appeal
 no substantial loss has been demonstrated by the Respondent/ Applicant

whose basis for contending is based on assumptions.

9. THAT I know on my own knowledge that no appeal has so far been lodged

and/or filed by the respondent against the Judgment on record. The

Respondent annexed an unfiled memorandum of appeal confirming that the

same was just made up with the aim of seeking orders of stay of execution.

10.THAT it is in the interest of justice that the Respondent’s Application be

dismissed with costs to the claimant since we stand to suffer irreparable loss

which cannot be compensated by way of damages.

11.THAT what is deponed hereinabove is true to the best of my knowledge,

belief and Information.

SWORN at NAIROBI by the said }

} ………………………
This………….day of………………….2022. } DEPONENT
BEFORE ME }
}
COMMISSIONER OF OATHS }
DRAWN & FILED BY: