[2018] KEELRC 96 (KLR)
The court determined that the Claimants, having enjoyed injunctive orders preventing distress for rent while failing to pay rent, should not be granted further adjournment. The court vacated the orders restraining the 2nd Respondent from distressing for rent, allowing the 2nd Respondent to proceed to recover rent...
Source-derived case information.
- Citation
- [2018] KEELRC 96 (KLR)
- Parties
- Applicant: George Ochieng’ Ododa & Others; Respondent: Kenya Railways; Respondent: Kenya Railways Staff Retirement Benefits Scheme
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1789 of 2015
- Procedural Posture
- Employment and Labour Claim / Ruling on Application to Adjourn and Interim Injunctive Orders
- Outcome
- Application for adjournment rejected; interim injunctive orders vacated.
- Judges
- AN Makau
- Legal Topics
- Injunctive Relief, Distress for Rent, Adjournment of Hearing, Non Payment of Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng’ Ododa & Others
Applicant
Kenya Railways
Respondent
Kenya Railways Staff Retirement Benefits Scheme
Respondent
Procedural Posture
Employment and Labour Claim / Ruling on Application to Adjourn and Interim Injunctive Orders
Legal Issues
- 1 Whether the Claimants are entitled to further adjournment despite enjoying injunctive orders and not paying rent.
- 2 Whether the court should vacate the orders restraining the 2nd Respondent from distressing for rent pending hearing.
Ratio Decidendi
The court determined that the Claimants, having enjoyed injunctive orders preventing distress for rent while failing to pay rent, should not be granted further adjournment. The court vacated the orders restraining the 2nd Respondent from distressing for rent, allowing the 2nd Respondent to proceed to recover rent pending the hearing. The matter was set for mention before the Principal Judge for fixing a hearing date, and the Claimants were directed to regularize their position and pay rent if they wished to avoid eviction. The decision was guided by the need to prevent abuse of injunctive relief and to comply with the Chief Justice's directive to expedite disposal of old cases.
Court Disposition
Application for adjournment rejected; interim injunctive orders vacated.
Orders
- The application to adjourn is rejected.
- The orders restraining the 2nd Respondent from distressing for rent are vacated.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
SUIT NO. 1789 OF 2015
GEORGE OCHIENG’ ODODA &OTHERS.........................CLAIMANTS
VERSUS
1. KENYA RAILWAYS
2. KENYA RAILWAYS STAFF RETIREMENT
BENEFITS SCHEME..........................................................RESPONDENTS
RULING
1. This case is from 2009. It is 9 years old heading to 10 years. The Honourable the Chief Justice has directed that old cases such as this one be disposed of. That is actually the reason I have left my station Nyeri to sit in Nairobi this week. The aim is to ensure that parties get justice and the cases are concluded instead of the suits remaining on our books with no progress. The Claimants herein are not ready. The 2nd Respondent is opposed to delaying the case further and offers that if the court vacates the orders which bar it from distressing for rent then they would be willing to allow the Claimants to put their house in order. The 1st Respondent though also ready to proceed agrees that the suit is untidy and proper house-keeping is necessary.
2. The court is minded to reject the application to adjourn as the Claimants are enjoying injunctive orders and are not paying rent. Without making any findings on the issue which will be for trial, I will vacate the orders for the non-distress. The Court (Ndolo J.) in 2017 gave some respite on the rent issue. In my view, though the issue will be ventilated in the trial, the 2nd Respondent may proceed to distress and obtain rent pending hearing. The file will be placed before Maureen Onyango J. the Principal Judge of this Court on Wednesday 16th January 2019 for taking of a hearing date. The Claimants to put their house in order before then and pay rent in any event if they do not wish to be evicted.
It is so ordered.
Dated and delivered at Nairobi this 17th day of December 2018
Nzioki wa Makau
JUDGE