[2023] KEELRC 1232 (KLR)
The court held that, having consolidated the files through its orders and directions, and having delivered judgment in the lead file (ELRC Cause No 247 of 2016), the judgment applies to all files within the consolidated group (867–887 of 2015 and 247–261 of 2016). To sever any files from the consolidated group for...
Source-derived case information.
- Citation
- [2023] KEELRC 1232 (KLR)
- Parties
- Applicant: Hellen Tabu Charo & others; Respondent: Kenya Suitcase Manufucturers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 247-261 of 2016
- Procedural Posture
- Consolidation Ruling / Ruling on Scope and Effect of Consolidation and Judgment
- Outcome
- Application to sever files from the consolidated judgment is dismissed. Judgment in ELRC Cause No 247 of 2016 applies to all consolidated files.
- Judges
- M Mbarũ
- Legal Topics
- Consolidation of Suits, Finality of Judgments, Application of Judgment to Consolidated Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Tabu Charo & others
Applicant
Kenya Suitcase Manufucturers Limited
Respondent
Procedural Posture
Consolidation Ruling / Ruling on Scope and Effect of Consolidation and Judgment
Legal Issues
- 1 Whether the judgment delivered in the lead file (ELRC Cause No 247 of 2016) applies to all consolidated files.
- 2 Whether it is permissible to sever some files from the consolidated group for separate hearing after judgment has been delivered.
- 3 Whether removing files from the consolidated judgment would amount to re-litigation of matters already determined.
Ratio Decidendi
The court held that, having consolidated the files through its orders and directions, and having delivered judgment in the lead file (ELRC Cause No 247 of 2016), the judgment applies to all files within the consolidated group (867–887 of 2015 and 247–261 of 2016). To sever any files from the consolidated group for separate litigation would amount to re-litigation of matters already determined with finality by the court. The consolidation was proper under the relevant statutory and procedural rules, and the judgment delivered covers all the consolidated matters. The lead file remains ELRC No 247 of 2016, and the judgment is binding on all parties in the consolidated suits.
Court Disposition
Application to sever files from the consolidated judgment is dismissed. Judgment in ELRC Cause No 247 of 2016 applies to all consolidated files.
Orders
- Judgment under ELRC Cause No 247 of 2016 covers all consolidated files including 867–887 of 2015 and 247–261 of 2016.
- The lead file shall remain ELRC No 247 of 2016.
Full Case Text
Judgment text and source record
29 paragraphs
Charo & others v Kenya Suitcase Manufucturers Limited (Cause 247-261 of 2016 & 868-887 of 2015 (Consolidated)) [2023] KEELRC 1232 (KLR) (25 May 2023) (Ruling)
Neutral citation: [2023] KEELRC 1232 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause 247-261 of 2016 & 868-887 of 2015 (Consolidated)
M Mbarũ, J
May 25, 2023
Between
Hellen Tabu Charo & others
Claimant
and
Kenya Suitcase Manufucturers Limited
Respondent
Ruling
1Parties attended court on May 2, 2023 and the claimants counsel submitted that there was judgment delivered in ELRC Cause No 247 of 2016 but in these series of files, that judgment does not affect other files and should be heard separately and on the merits.
2The respondent’s Counsel submitted that the court heard the files and consolidated all similar claims under Cause No 247 of 2016 is the main file and to proceed under different files and claims will be prejudicial to the respondent. the judgment arising from the main file, Cause No 247 of 2016 should apply in all files in the same series.
3This ruling is to address the above.
4On November 3, 2022 the court directed that ELRC Causes 868 – 887 of 2015 were consolidated for hearing and determination. ELRC Cause No 868 of 2015 has remained the lead file.
5With regard to the series under ELRC No 247 of 2015, on September 8, 2016 the court issued orders and directions consolidating Causes 247 – 260 together with 867 – 887 of 2015 effectively placing all these files under ELRC Cause No 247 of 2016.
6On July 11, 2016 the court directed that all these files as consolidated be heard by one Judge/Court. The series had a total of 20 files + 15 files total being 35 files. All under ELRC No 247 of 2016.
7In this regard, on February 23, 2023 Her Ladyship Hon Agnes Kitiku Nzei delivered judgment under Cause No 247 of 2016 being the lead file under the same series consolidating ELRC No 867 – 887 of 2015 and 247 – 261 of 2016.
8The judgment of the court related to all files as consolidated. This is the import and implication of Section 3 and 20 of the Employment and Labour Relations Court Act, 2011 read together with Rule 23 of the Employment and Labour Relations Court (Procedures) Rules, 2016 that; 23. The Court may consolidate suits if it appears that in any number of suits—
(a)some common question of fact or law arises; or(b)it is practical and appropriate to proceed with the issues raised in the suits simultaneously
9Having applied these provisions, the files having been consolidated through orders and directions of the court on September 8, 2016 and reiterated on July 11, 2016 and taking into account that judgement has since been delivered and covering all suits as consolidated, to remove a portion of the files for litigation would be re-litigation over a matter(s) addressed by the court with finality.
10The judgment delivered on Her Ladyship Hon Agnes Kitiku Nzei on February 23, 2023 under paragraphs (1) and (2) is clear to the extent that the same related to Cause No 247 of 2016 covering all consolidated files 867-887 of 2015 and 247 – 261 of 2016. To remove some files therefrom would negate the tenets of justice and violate the proper adjudication of disputes.
11Accordingly, judgement under ELRC Cause No 247 of 2016 covers all consolidated files including 867 – 887 of 2015 and 247 – 261 of 2016 and the lead file shall remain ELRC No 247 of 2016.
12A copy of this ruling shall be placed in each individual file for ease of reference.
13Orders accordingly.
DELIVERED IN OPEN COURT AT MOMBASA THIS 25TH DAY OF MAY, 2023. M. MBARŨJUDGEIn the presence of:Court Assistant: Japhet Muthaine...........and ..............