[2019] KEELRC 1181 (KLR)
The court determined that since the issues in the current application and suit are the same as those in Cause No. 120 of 2015, and given that the orders in that cause are under review with a stay of execution in place, it would be inappropriate to proceed with the application dated 12th February, 2018. To avoid...
Source-derived case information.
- Citation
- [2019] KEELRC 1181 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Union; Respondent: Fine Engineering Works
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 152 of 2018
- Procedural Posture
- Cause / Ruling on Application
- Outcome
- Application not determined; matter referred for mention before original judge for directions.
- Judges
- DI Wasike
- Legal Topics
- Res Judicata, Stay of Execution, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers Union
Applicant
Fine Engineering Works
Respondent
Procedural Posture
Cause / Ruling on Application
Legal Issues
- 1 Whether the issues raised in the current application and suit are the same as those in Cause No. 120 of 2015.
- 2 Whether the court should proceed to determine the application dated 12th February, 2018 in light of the pending review in Cause No. 120 of 2015.
Ratio Decidendi
The court determined that since the issues in the current application and suit are the same as those in Cause No. 120 of 2015, and given that the orders in that cause are under review with a stay of execution in place, it would be inappropriate to proceed with the application dated 12th February, 2018. To avoid confusion and the risk of issuing contradictory orders, the court directed that the matter be mentioned before the judge handling the earlier cause for further directions. This approach upholds judicial consistency and prevents parallel proceedings on the same subject matter.
Court Disposition
Application not determined; matter referred for mention before original judge for directions.
Orders
- The application dated 12th February, 2018 shall not be determined at this stage.
- The matter is to be mentioned before Wasilwa J on 26th June, 2019 for directions in line with Cause No. 120 of 2015.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE NUMBER 152 OF 2018
KENYA ENGINEERING
WORKERS UNION................................................CLAIMANT
VERSUS
FINE ENGINEERING WORKS..........................RESPONDENT
RULING
1. The respondent has made allegations to the effect that the issues raised in this application and suit are the same subject matters in Cause number ELRC No. 120 of 2015.
2. This cause was determined in the claimants favour by Wasilwa J. The respondent successfully sought a stay of execution pending review of the orders made by the court in Cause Number 120 of 2015. The claimant does not seem to deny these averments by the respondent.
3. In order to avoid confusion and issuance of contradictory orders, the Court will not determine the application dated 12th February, 2018 but direct that the matter be mentioned before Wasilwa J on 26. 6.2019 for her directions in line with Cause No 120 of 2015.
4. It is so ordered.
Dated at Nairobi this 14th day of June, 2019
Abuodha J. N.
Judge
Delivered this 14th day of June, 2019
Abuodha J. N.
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.