[2020] KEELRC 1880 (KLR)
The court declined to determine the application for stay of proceedings, noting that the trial judge who handled the preliminary objection and is familiar with the facts is still stationed at the court. In the interest of judicial consistency and efficiency, the application was referred to the trial judge for...
Source-derived case information.
- Citation
- [2020] KEELRC 1880 (KLR)
- Parties
- Claimant: Adam Miller; Respondent: WS Insight Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1393 of 2017
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application
- Outcome
- application referred to trial judge
- Legal Topics
- Stay of Proceedings, Preliminary Objection, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adam Miller
Claimant
WS Insight Limited
Respondent
Procedural Posture
Stay Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should grant a stay of proceedings pending appeal against the dismissal of the respondent's preliminary objection.
- 2 Whether the application should be determined by the current judge or referred to the trial judge.
Ratio Decidendi
The court declined to determine the application for stay of proceedings, noting that the trial judge who handled the preliminary objection and is familiar with the facts is still stationed at the court. In the interest of judicial consistency and efficiency, the application was referred to the trial judge for determination. The court exercised its discretion not to entertain the application at this stage, emphasizing the importance of the trial judge's continued management of the matter.
Court Disposition
application referred to trial judge
Orders
- The application for stay of proceedings is referred to the trial court for determination.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1393 OF 2017
ADAM MILLER..............................CLAIMANT
VERSUS
WS INSIGHT LIMITED...........RESPONDENT
RULING
1. The application before the court is the respondent’s Notice of Motion dated 7. 3.2019. It seeks stay of proceedings herein pending appeal. The appeal challenges the ruling by Justice Maureen Onyango delivered on 26. 10. 2018 by which the court dismissed the respondent’s preliminary objection.
2. After careful consideration of the matters raised in the application and the fact that the trial judge is still in the station, I decline to determine the application. Consequently, I refer the application to the trial court for determination.
Dated, signed and delivered in open court at Nairobi this 17th day of January, 2020.
ONESMUS MAKAU
JUDGE