[2017] KEELRC 420 (KLR)
The court found that since the Court of Appeal had granted a stay of execution pending the hearing and determination of the respondent's appeal, it would be improper to grant any enforcement orders sought by the union. The outcome of the appeal would directly impact the enforceability of the judgment, and as such,...
Source-derived case information.
- Citation
- [2017] KEELRC 420 (KLR)
- Parties
- Applicant: Kenya Hotels & Allied Workers Union; Respondent: Great Rift Valley Lodge & Golf Resort/Green Park Golf & Country Complex; Interested Party: Kenya Union of Domestic, Hotels, Education Institutions, Hospitals & Allied Workers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 377 of 2015
- Procedural Posture
- Labour Cause / Ruling on Post Judgment Enforcement and Stay Pending Appeal
- Outcome
- Application for enforcement orders declined due to subsisting stay of execution by the Court of Appeal.
- Judges
- MSA Makhandia
- Legal Topics
- Union Recognition, Stay of Execution, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels & Allied Workers Union
Applicant
Great Rift Valley Lodge & Golf Resort/Green Park Golf & Country Complex
Respondent
Kenya Union of Domestic, Hotels, Education Institutions, Hospitals & Allied Workers
Interested Party
Procedural Posture
Labour Cause / Ruling on Post Judgment Enforcement and Stay Pending Appeal
Legal Issues
- 1 Whether the court should grant enforcement orders against the respondent pending the outcome of the appeal.
- 2 Whether the stay of execution granted by the Court of Appeal precludes further enforcement action by the union.
Ratio Decidendi
The court found that since the Court of Appeal had granted a stay of execution pending the hearing and determination of the respondent's appeal, it would be improper to grant any enforcement orders sought by the union. The outcome of the appeal would directly impact the enforceability of the judgment, and as such, the court declined to issue show cause or warrants of arrest against the respondent's management. Each party was ordered to bear its own costs.
Court Disposition
Application for enforcement orders declined due to subsisting stay of execution by the Court of Appeal.
Orders
- No enforcement orders granted against the respondent pending the outcome of the appeal.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAKURU
CAUSE NO. 377 OF 2015
KENYA HOTELS & ALLIED WORKERS UNION.....................CLAIMANT
v
GREAT RIFT VALLEY LODGE & GOLF RESORT/
GREEN PARK GOLF & COUNTRY COMPLEX .................RESPONDENT
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONINSTITUTIONS,
HOSPITALS & ALLIED WORKERS........................INTERESTED PARTY
RULING NO. 4
1. In a judgment delivered on 2 September 2016, the Court ordered the Respondent to grant the Kenya Hotels & Allied Workers Union recognition within 21 days.
2. On 2 December 2016, the Court granted the Respondent a limited stay of execution pending appeal.
3. On 16 December 2016, the Kenya Association of Hotel Keepers & Caterers moved Court seeking to be joined in the Cause as an Interested Party.
4. On 17 March 2017, the Court declined to allow the application by Kenya Association of Hotel Keepers & Caterers to be joined into the proceedings as an Interested Party.
5. The limited stay pending appeal having lapsed, the Union moved Court on 23 January 2017 to issue show cause/warrants of arrest to the Resident Manager of the Respondent in execution of the judgment/decree.
6. This Court, in a ruling delivered on 28 April 2017 directed that summons do issue against the Management of the Respondent and in obedience to the summons, a Mr. Kenneth Njenga Mungai, General Manager of the Respondent, swore an affidavit and appeared in Court for cross examination on 17 July 2017.
7. The Respondent had in the meantime moved the Court of Appeal on 8 February 2017 in Civil Application No. NYR 21 of 2017 (UR13/2017), Great Rift Valley Lodges & Golf Resort/Green Park & County Complex v Kenya Hotels & Allied Workers Union seeking stay of execution pending appeal and on 27 April 2017 the Court of Appeal allowed the Union 14 days to file and serve a reply to the applicants application for stay and submissions.
8. The Court has since been informed that the Court of Appeal rendered a ruling on 1 November 2017 in which it granted stay of execution pending the hearing and determination of an appeal by the Respondent.
9. Considering the ruling by the Court of Appeal, the Court declines to grant any of the orders sought by the Union as the outcome of the Appeal will directly impact the orders sought by the Union.
10. Each party to bear own costs.
Delivered, dated and signed in Nakuru on this 17th day of November 2017.
Radido Stephen
Judge
Appearances
For Union Mr. Odera, Industrial Relations Officer
For Respondent Mr. Masese, Senior Legal Officer, Federation of Kenya Employers
Interested Party did not participate
Court Assistants Nixon/Martin