[2021] KEELRC 1368 (KLR)
The court determined that, since the parties were in agreement, it was appropriate to stay proceedings in this and other related causes pending the resolution of the designated test suit (E248 of 2021). The court further ordered that the claimant file an amended claim within a specified period, with the respondent...
Source-derived case information.
- Citation
- [2021] KEELRC 1368 (KLR)
- Parties
- Applicant: Moses Gitimu Mureithi; Respondent: The Board of Management, Kenya Hospital Association t/a The Nairobi Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E250 of 2021
- Procedural Posture
- Employment Cause / Interlocutory Order
- Outcome
- proceedings stayed and directions given by consent
- Judges
- AN Makau
- Legal Topics
- Stay of Proceedings, Test Suit Procedure, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Gitimu Mureithi
Applicant
The Board of Management, Kenya Hospital Association t/a The Nairobi Hospital
Respondent
Procedural Posture
Employment Cause / Interlocutory Order
Legal Issues
- 1 Whether proceedings in related employment causes should be stayed pending determination of the test suit.
- 2 Whether the claimant should be allowed to amend the claim and timelines for response.
Ratio Decidendi
The court determined that, since the parties were in agreement, it was appropriate to stay proceedings in this and other related causes pending the resolution of the designated test suit (E248 of 2021). The court further ordered that the claimant file an amended claim within a specified period, with the respondent to file a response within 14 days thereafter. The orders were to apply across all related files to ensure consistency and efficient case management.
Court Disposition
proceedings stayed and directions given by consent
Orders
- Proceedings in Cause E247, E249, E250, and E251 of 2021 are stayed pending resolution of Cause E248 of 2021.
- Claimant to file an amended claim by 14th June 2021.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. E250 OF 2021
MOSES GITIMU MUREITHI.........................................................CLAIMANT/APPLICANT
VERSUS
THE BOARD OF MANAGEMENT
KENYA HOSPITAL ASSOCIATIONT/A THE NAIROBI HOSPITAL........RESPONDENT
ORDER
1. As Parties are agreed that case E248 of 2021 – Caroline Njeri Ngugi v The Board of Management, Kenya Hospital Association t/a the Nairobi Hospital acts as test suit; I hereby stay proceedings in the other related files being E247 of 2021 – Brantina Wairigu Boke, E249 of 2021 – Morton Tinda Otieno, E250 of 2021 Moses Gitimu Mureithi, E251 of 2021 Irene Kepkosgei Kibet are to be held together and stayed pending the resolution of this case being case No. E248 of 2021.
2. The Respondent and Claimant have agreed, the Claimant is to file an amended claim within the next few days and not later than Monday 14th June 2021. The Respondent to have 14 days to file the statement of response and mention shall be on 30th June 2021 to confirm and give directions on hearing. This order to be placed on the other files related and part of this series as enumerated in the first part of the order.
So ordered
DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JUNE 2021
NZIOKI WA MAKAU
JUDGE