[2020] KEELRC 1905 (KLR)
The court determined that, in light of the Chief Justice's directions suspending physical court operations and permitting electronic delivery of rulings with party approval, and given that all parties except the proposed interested party have expressly approved electronic delivery, the ruling on the application...
Source-derived case information.
- Citation
- [2020] KEELRC 1905 (KLR)
- Parties
- Claimant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA); Respondent: The Management of Tea Hotel; Purchaser: Ravji Devji Chhabhadia; Purchaser: Kanji Devji Chhabhadia; Purchaser: Chandrakanti Devji Chhabhadia; Purchaser: Shashikant Kanjibhai Pindoriya; Proposed Interested Party: Tea Hotel Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Cause 10 of 2016
- Procedural Posture
- Cause / Directions on Pending Ruling Regarding Application by Proposed Interested Party Dated 16th December, 2019
- Outcome
- Directions issued for electronic delivery of pending ruling.
- Judges
- M Mbarũ
- Legal Topics
- Electronic Delivery of Rulings, Court Directions, Party Notification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA)
Claimant
The Management of Tea Hotel
Respondent
Ravji Devji Chhabhadia
Purchaser
Kanji Devji Chhabhadia
Purchaser
Chandrakanti Devji Chhabhadia
Purchaser
Shashikant Kanjibhai Pindoriya
Purchaser
Tea Hotel Limited
Proposed Interested Party
Procedural Posture
Cause / Directions on Pending Ruling Regarding Application by Proposed Interested Party Dated 16th December, 2019
Legal Issues
- 1 Whether the ruling on the application dated 16th December, 2019 by the proposed interested party can be delivered electronically with party approval.
- 2 Whether all parties have been properly notified and have indicated approval for electronic delivery of the ruling.
Ratio Decidendi
The court determined that, in light of the Chief Justice's directions suspending physical court operations and permitting electronic delivery of rulings with party approval, and given that all parties except the proposed interested party have expressly approved electronic delivery, the ruling on the application dated 16th December, 2019 will be delivered electronically. The objection by the proposed interested party was noted but found irrelevant to the pending ruling, as their concern related to a separate application for cross-examination, not the application currently awaiting determination. The court therefore directed that the ruling be delivered electronically and all parties be...
Court Disposition
Directions issued for electronic delivery of pending ruling.
Orders
- The ruling on the application dated 16th December, 2019 shall be delivered electronically on 3rd April, 2020.
- The Deputy Registrar, ELRC Nakuru, shall post the ruling electronically to the parties and cause it to be posted on the Kenya Law website.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT
KERICHO
CAUSE NO.10 OF 2016
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS, HOSPITALS & ALLIED WORKERS (KUDHEIHA).............. CLAIMANT
VERSUS
THE MANAGEMENT OF TEA HOTEL............................................................ RESPONDENT
AND
RAVJI DEVJI CHHABHADIA
KANJI DEVJI CHHABHADIA
CHANDRAKANTI DEVJI CHHABHADIA
SHASHIKANT KANJIBHAI PINDORIYA....................................................... PURCHASERS
AND
TEA HOTEL LIMITED................................................... PROPOSED INTERESTED PARTY
DIRECTIONS ON PENDING RULING
The pending ruling herein is with regard to application dated 16th December, 2019 filed by the Proposed interested party, Tea Hotel Limited represented by the firm of MIDENGA & COMPANY ADVOCATES.
The ruling was to be delivered on 19th March, 2020 at Nakuru. This was not possible following the Chief Justice Directions on 15th March, 2020 suspending all court operations. The Chief Justice has since issued follow up directions for the delivery of due rulings/judgements electronically with the approval of the parties.
In this regard, the claimants’ advocates KEMBOI & COSMAN CO. ADVOCATES applied to have the ruling delivered through this mode.
Directions issued for all parties to indicate approval and the respondent through ORINA & COMPANY ADVOCATES have indicated their approval electronically as well as the firm of MENEZES & COMPANY ADVOCATES for the purchasers.
There is communication by the applicant and proposed interested party through the firm of MIDENGA & COMPANY ADVOCATES which does not give approval on thegrounds that we sought and obtained leave to file an application for cross-examination of Mr. Kemboi’s client. However the pending ruling relates to application dated 16th December, 2019 by the proposed interested party as noted above.
This is therefore to direct as follows;
1. As all parties have now been notified of the pending ruling as outlined above;
2. The ruling shall be delivered electronically on 3rd April, 2020;
3. The Deputy Registrar, ELRC Nakuru shall post the same electronically to the parties and cause the same to be posted on Kenya Law website.
Transmission electronically via the following email addresses;
gkemboi1@gmail.comAdvocate for the Claimant lgmenezes@lgmenezes.comAdvocate for the purchasers emorina2003@yahoo.comAdvocate for Respondent, cmidenga@gmail.comadvocate for the proposed interested party.
Dated and delivered at Nakuru electronically this 2nd April, 2020.
M. MBARU
JUDGE