[2021] KEELRC 184 (KLR)
The court found that maintaining the consolidation of the matters would result in procedural difficulties and an untidy record. With the concurrence of counsel for both parties, the court exercised its discretion to set aside the consolidation order and issued specific directions for the hearing of each cause. The...
Source-derived case information.
- Citation
- [2021] KEELRC 184 (KLR)
- Parties
- Claimant: Benson Kioko Kilungu; Respondent: Xfor Security Solutions (Kenya) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1775 of 2017
- Procedural Posture
- Cause / Directions Ruling
- Outcome
- Consolidation order set aside; directions issued for separate hearings.
- Judges
- K Ocharo
- Legal Topics
- Case Consolidation, Hearing Directions, Procedural Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benson Kioko Kilungu
Claimant
Xfor Security Solutions (Kenya) Limited
Respondent
Procedural Posture
Cause / Directions Ruling
Legal Issues
- 1 Whether the consolidation of the matters should be maintained or set aside.
- 2 What directions should be issued for the effective and fair disposal of the related causes.
Ratio Decidendi
The court found that maintaining the consolidation of the matters would result in procedural difficulties and an untidy record. With the concurrence of counsel for both parties, the court exercised its discretion to set aside the consolidation order and issued specific directions for the hearing of each cause. The court's decision was guided by the need for effective and fair disposal of the matters, ensuring that each case proceeds in a manner that avoids confusion and promotes judicial efficiency.
Court Disposition
Consolidation order set aside; directions issued for separate hearings.
Orders
- The order consolidating the matters is removed and set aside.
- Causes number 1780 of 2017 and 1779 of 2017, where evidence has been taken from the claimants, shall be heard on 8th March 2022 as the respondent’s case; files to move together in one bundle.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1775 OF 2017
BENSON KIOKO KILUNGU.....................................................CLAIMANT
- VERSUS -
XFOR SECURITY SOLUTIONS (KENYA) LIMITED..... RESPONDENT
RULING
These consolidated matters came up for hearing on the 16th November 2021, when it became apparent that the same would not be procedural with as such consolidated maters without difficult and untidiness of record.
The matters were consequently removed from the day’s cause list with the concurrence counsel for the parties to enable this Court give directions on an effective way of proceeding with the matters. The following directions commend themselves to this Court as the appropriate orders that would lead to attainment of an effective fare disposal of the matters thus;
a. The order herein consolidating the matters is hereby removed and set aside.
b. That causes number 1780 of 2017 and 1779 OF 2017, wherein evidence has already been taken from the Claimants shall be heard on 8th March 2022 as the Respondent’s case. The files to move together in one bundle.
c. Causes number 1778 of 2017, 1781 of 2017 and 177 of 2017 to be heard respectively on the 7th March 2022.
d. Causes number 1776 of 2017, 1775 of 2017 and 1782 of 2017, shall be heard separately on the 10th of March 2021.
DELIVERED VIRTUALLY ON THIS 1ST DAY OF DECEMBER, 2021
OCHARO KEBIRA
JUDGE