[2022] KEELRC 13533 (KLR)
The court found that the application by the claimants to compel the release of pension forms and certificates of service was not urgent and was not suitable for ex parte hearing. The court emphasized that the orders sought should have been included in the original settlement terms. Since the application was not...
Source-derived case information.
- Citation
- [2022] KEELRC 13533 (KLR)
- Parties
- Applicant: Wycliffe Kizugane & 56 others; Respondent: Golden Jubilee t/a Crowne Plaza Hotel International Nairobi-Upperhill; Respondent: Kenya Union of Domestic, Hotels, Education Institutions and Allied Workers [KUDHEIHA]
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E460 of 2021
- Procedural Posture
- Cause / Ruling on Post Settlement Application
- Outcome
- Application not certified urgent; directions given for service and response.
- Judges
- J Rika
- Legal Topics
- Settlement Enforcement, Pension Release, Certificate of Service, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Kizugane & 56 others
Applicant
Golden Jubilee t/a Crowne Plaza Hotel International Nairobi-Upperhill
Respondent
Kenya Union of Domestic, Hotels, Education Institutions and Allied Workers [KUDHEIHA]
Respondent
Procedural Posture
Cause / Ruling on Post Settlement Application
Legal Issues
- 1 Whether the application to compel release of pension forms and certificates of service is urgent.
- 2 Whether the orders sought should have been included in the original settlement terms.
- 3 Whether the respondents should be compelled to respond to the application before further directions.
Ratio Decidendi
The court found that the application by the claimants to compel the release of pension forms and certificates of service was not urgent and was not suitable for ex parte hearing. The court emphasized that the orders sought should have been included in the original settlement terms. Since the application was not urgent, the respondents must be served and given an opportunity to respond within seven days, after which the matter will be set down for hearing. The court declined to grant the orders sought at this stage and directed compliance with procedural requirements for service and response.
Court Disposition
Application not certified urgent; directions given for service and response.
Orders
- The application is not certified urgent.
- The application is not suited to ex parte hearing.
Full Case Text
Judgment text and source record
29 paragraphs
Kizugane & 56 others v Golden Jubilee t/a Crowne Plaza Hotel International Nairobi-Upperhill & another (Cause E460 of 2021) [2022] KEELRC 13533 (KLR) (14 December 2022) (Ruling)
Neutral citation: [2022] KEELRC 13533 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E460 of 2021
J Rika, J
December 14, 2022
Between
Wycliffe Kizugane & 56 others
Claimant
and
Golden Jubilee t/a Crowne Plaza Hotel International Nairobi-Upperhill
1st Respondent
Kenya Union of Domestic, Hotels, Education Institutions and Allied Workers [KUDHEIHA]
2nd Respondent
Ruling
1. Parties recorded a consent order dated July 26, 2022.
2. The 1st respondent undertook to pay 51 remaining claimants the sum of Kshs 12,051,002. 88, less statutory deductions.
3. It was agreed further that the 1st respondent would pay the claimants’ costs of the suit, to be taxed if not agreed.
4. The claim was marked as settled.
5. The claimants have returned to court under certificate of urgency, through an application dated December 7, 2022, asking the court to compel the 1st respondent to release the claimants’ pension release forms and their respective certificates of service.
6. It is conceded that the claimants have been paid the settlement sum. They complain that the respondent has however, failed to release the pension release forms and the certificates of service.
The Court Orders: - 7. The application is not urgent.
8. It is not suited to ex parte hearing.
9. The settlement orders issued with the participation of both parties.
10. The orders sought, should have been part of the terms of settlement.
11. The application shall be served, and the respondents shall, if opposed to the application, file and serve their respective responses, within 7 days of service.
12. Thereafter parties shall obtain a suitable hearing date from the Registry, in the new term.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, THIS 14TH DAY OF DECEMBER 2022. JAMES RIKAJUDGE