[2015] KEELRC 1495 (KLR)
The court held that the remedies sought by the claimant regarding computation of notice period and payment for leave and redundancy notice could only be determined after a substantive claim had been filed and heard on its merits. Since no such claim was before the court, the application was premature and constituted...
Source-derived case information.
- Citation
- [2015] KEELRC 1495 (KLR)
- Parties
- Applicant: Churchill Ongalo; Respondent: Kenya Kazi Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 741 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Redundancy Notice, Leave Entitlements, Court Process Abuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Churchill Ongalo
Applicant
Kenya Kazi Security Services Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should issue directions for computation of the notice period in respect of the redundancy letter and related correspondence.
- 2 Whether the court should direct the respondent to pay the claimant for accrued leave and unserved redundancy notice.
- 3 Whether the application is properly before the court or constitutes an abuse of process.
Ratio Decidendi
The court held that the remedies sought by the claimant regarding computation of notice period and payment for leave and redundancy notice could only be determined after a substantive claim had been filed and heard on its merits. Since no such claim was before the court, the application was premature and constituted an abuse of the court process. The court therefore dismissed the application, directing the claimant to file a substantive claim if he wished to have the issues ventilated and determined.
Court Disposition
application dismissed
Orders
- The claimant's application is dismissed with costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 741 OF 2014
CHURCHILL ONGALO…………..………………………CLAIMANT
VERSUS
KENYA KAZI SECURITY SERVICES LIMITED.……RESPONDENT
Mr. Odawa for Claimant/Applicant
Mr. Makori for Respondent
RULING
1. In its ruling dated 11th April, 2014, the court directed the main suit be heard on its merits so that this matter is disposed of once and for all.
2. On 15th August, 2014, the Claimant brought yet another application on a certificate of urgency seeking for orders that;
(i) The honourable court do issue directions for the computation of the notice period in respect of the redundancy letter dated 28th April, 2014, the ruling delivered on 11th August, 2014, and letters by the Respondent dated 11th August, 2014 declaring the Claimant redundant effective 12th August, 2014.
(ii) The honourable court do direct the Respondent to pay to the Claimant the owed and accruing 15 days leave and 21 days unserved redundancy notice.
3. Upon perusing the entire record and hearing both parties, the court is satisfied that these sought remedies may only be determined upon hearing a substantive claim on the merits. That no such claim has been filed regarding the alleged declarations of redundancy.
4. The application by the Claimant/Applicant is an abuse of the court process.
5. The Claimant should file a substantive claim if he so desires to get the issue ventilated and determined.
6. The Application is dismissed with costs in the cause.
Dated and Delivered at Nairobi this 28th day of January, 2015
MATHEWS N. NDUMA
PRINCIPAL JUDGE