[2014] KEHC 8552 (KLR)
The court considered whether the applicant had met the threshold for review of its earlier ruling, specifically whether new and important evidence had been discovered that could not have been produced at the time of the original decision despite due diligence. The applicant demonstrated that three of the seven...
Source-derived case information.
- Citation
- [2014] KEHC 8552 (KLR)
- Parties
- Applicant: Paper Manufacturers & Allied Workers; Respondent: Highland Paper Mills Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 105 of 2014
- Procedural Posture
- Review Application / Ruling on Application for Review of Earlier Ruling
- Outcome
- application for review granted
- Legal Topics
- Redundancy Procedure, Collective Bargaining Agreement, Review of Court Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paper Manufacturers & Allied Workers
Applicant
Highland Paper Mills Ltd
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Earlier Ruling
Legal Issues
- 1 Whether the applicant has discovered new and important evidence justifying review of the court's ruling delivered on 30th July 2014.
- 2 Whether the applicant complied with the legal requirements for declaring employees redundant under the Collective Bargaining Agreement.
- 3 Whether the applicant's financial incapacity and operational closure warrant review of the previous ruling.
Ratio Decidendi
The court considered whether the applicant had met the threshold for review of its earlier ruling, specifically whether new and important evidence had been discovered that could not have been produced at the time of the original decision despite due diligence. The applicant demonstrated that three of the seven employees intended for retrenchment had resigned voluntarily, and that the remaining four were given notice of redundancy and were to be paid as per the Collective Bargaining Agreement, with financing from Maganlal Stores Ltd. The applicant also established that the company had technically closed down and lacked the financial capacity to continue operations. The court found that...
Court Disposition
application for review granted
Orders
- The ruling delivered on 30th July 2014 is reviewed.
- The applicant is permitted to proceed with redundancy and payment of the affected employees as per the Collective Bargaining Agreement.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 105 OF 2014
(Before Hon. Justice Hellen S. Wasilwa on 25th November, 2014)
PAPER MANUFACTURERS & ALLIED WORKERS ........... CLAIMANTS
HIGHLAND PAPER MILLS LTD …....................................... RESPONDENT
R U L I N G
The application is brought under S.16 and 20(1) of the Industrial Court Act, rule 32(1) (a-e) of the Industrial Court (Procedure) Rules 2010 & all other enabling provisions of law.
That this matter be certified as urgent and be heard during the court vacation.
That this honourable court be pleased to review the ruling delivered by the Industrial Court of Kenya at Kisumu on case 105 of 2014 on 30th July 2014.
That the costs of this application be in the cause.
That since the ruling was delivered, the applicant herein has discovered new and important evidence which after the exercise of due diligence, was not within its knowledge and could therefore not be produced by the applicant at the time when the ruling was delivered.
and is supported by the annexed affidavit of Moses Wanjala Marumbu.
The applicants further aver that for the past 3 years, all their operations have been financed by an independent financier – Maganlal Stores Ltd (MSL). On 28. 4.2014, 3 out of the 7 employees intended for retrenchment resigned voluntarily leaving 4. The applicants gave the said 4 employees notice to declare them redundant as required by law and pay them off as per the Collective Bargaining Agreement through financing from Maganlal Stores Ltd (MSL). They also aver that they have technically closed down and scaled down their operations hence their need to have the court review it's ruling so that they can pay off the said employees.
The applicants insist they don't have financial muscle to continue running the company. .
HELLEN S. WASILWA
25/11/2014
Kisilu for claimants
CC. Wamache