[2024] KEELRC 2826 (KLR)
The court determined that the interests of justice would be best served by maintaining the status quo regarding the petitioners' employment positions pending the hearing and determination of the petition. The court found that interlocutory applications should not delay the expeditious disposal of the main petition....
Source-derived case information.
- Citation
- [2024] KEELRC 2826 (KLR)
- Parties
- Applicant: Kiptoo Ndalut; Applicant: Grinnin Chogo Libabu; Respondent: Nairobi City Water & Sewerage Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Petition E099 of 2022
- Procedural Posture
- Employment and Labour Petition / Interlocutory Application Ruling
- Outcome
- Status quo regarding petitioners' employment positions to be maintained pending disposal of the petition; strict timelines for submissions set; non-compliance by petitioners will lift the status quo order automatically.
- Judges
- K Ocharo
- Legal Topics
- Status Quo Orders, Interlocutory Relief, Employment Positions, Written Submissions, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kiptoo Ndalut
Applicant
Grinnin Chogo Libabu
Applicant
Nairobi City Water & Sewerage Company Ltd
Respondent
Procedural Posture
Employment and Labour Petition / Interlocutory Application Ruling
Legal Issues
- 1 Whether the status quo regarding the petitioners' acting employment positions should be maintained pending determination of the petition.
- 2 Whether interlocutory applications should be entertained or the petition should be expedited on its merits.
Ratio Decidendi
The court determined that the interests of justice would be best served by maintaining the status quo regarding the petitioners' employment positions pending the hearing and determination of the petition. The court found that interlocutory applications should not delay the expeditious disposal of the main petition. Therefore, the court ordered that the status quo be preserved, set strict timelines for the filing and exchange of written submissions, and provided that failure by the petitioners to comply with the timelines would result in the automatic lifting of the status quo order. The court emphasized the need for efficiency and timely resolution of employment disputes, balancing the...
Court Disposition
Status quo regarding petitioners' employment positions to be maintained pending disposal of the petition; strict timelines for submissions set; non-compliance by petitioners will lift the status quo order automatically.
Orders
- The status quo obtaining now as regards the Petitioners’ employment positions be maintained pending disposal of the petition.
- The petition be canvassed by way of written submissions.
Full Case Text
Judgment text and source record
20 paragraphs
Ndalut & another v Nairobi City Water & Sewerage Company Ltd (Employment and Labour Relations Petition E099 of 2022) [2024] KEELRC 2826 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELRC 2826 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Petition E099 of 2022
K Ocharo, J
November 14, 2024
Between
Kiptoo Ndalut
1st Petitioner
Grinnin Chogo Libabu
2nd Petitioner
and
Nairobi City Water & Sewerage Company Ltd
Respondent
Ruling
1. The application before this Court is the one dated 4th April 2023, wherein the Petitioners seek that the status quo obtaining in relation to their current acting positions be maintained pending the disposal of the instant petition. The Respondent vehemently opposed the application through a replying affidavit of Titus Tuitoek, that was sworn on the 22nd April 2024.
2. In compliance with the directions of this Court, the petitioners filed herein their written submissions in support of the Notice of Motion application, dated 30th May 2024, while the Respondent filed response submissions dated 31st May 2024.
3. I have carefully considered the application, the grounds upon which it is premised, the affidavit in support thereof, the replying affidavit presented by the Respondent, and the rival submissions mentioned above, and form a clear mind that the petition herein can be expeditiously disposed of by shunning interlocutory applications. The wider interest of justice in this matter require that the petition be proceeded with expeditiously. Strict timelines are therefore necessary. It is for these reasons that I hereby direct;a.That the status quo obtaining now as regards the Petitioners’ employment positions be maintained pending disposal of the petition.b.The petition be canvassed by way of written submissions.c.The Petitioners to file and serve their written submissions within 10 days of today.d.The Respondent to file and serve response submissions within 10 days of service of the Petitioners’ submissions on them.e.If there is any default on direction[c] above by the petitioners, this order of maintenance of status quo pending the disposal of the petition shall stand lifted automatically.f.The petition shall be mentioned on 9th December 2024 before Honourable Lady Justice Keli for a date for Judgment.Orders accordingly.
READ DELIVERED AND SIGNED THIS 14TH DAY OF NOVEMBER 2024. OCHARO KEBIRAJUDGE.In the Presence of:-Ms. Quinter holding brief for Mr. Malenya for the Petitioners.Ms. Muriranja for Ms. Yala for the Respondents.