[2022] KEELRC 12936 (KLR)
The court found that since the parties had reached a consent on the payment of salary arrears and the process for negotiating outstanding arrears, it was appropriate to adopt the consent as an order of the court. The suspension of the warrants of arrest was justified to allow the parties to negotiate and report to...
Source-derived case information.
- Citation
- [2022] KEELRC 12936 (KLR)
- Parties
- Applicant: Nashon Oliech Osieko; Applicant: Raphael Muyonga; Applicant: Rachel Mayaka; Applicant: Imelda Nubia; Respondent: Francis Ooko; Respondent: Harun Kirui; Respondent: Muhoroni Sugar Co Limited (In receivership)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E25 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Stay of Execution and Adoption of Consent
- Outcome
- Consent adopted as order of the court; warrants of arrest suspended pending negotiations.
- Judges
- S Radido
- Legal Topics
- Salary Arrears, Warrants of Arrest, Stay of Execution, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nashon Oliech Osieko
Applicant
Raphael Muyonga
Applicant
Rachel Mayaka
Applicant
Imelda Nubia
Applicant
Francis Ooko
Respondent
Harun Kirui
Respondent
Muhoroni Sugar Co Limited (In receivership)
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Stay of Execution and Adoption of Consent
Legal Issues
- 1 Whether the warrants of arrest issued against the 1st and 2nd respondents should be suspended pending negotiations on settlement of salary arrears.
- 2 Whether the consent filed by the parties resolving payment terms should be adopted as an order of the court.
Ratio Decidendi
The court found that since the parties had reached a consent on the payment of salary arrears and the process for negotiating outstanding arrears, it was appropriate to adopt the consent as an order of the court. The suspension of the warrants of arrest was justified to allow the parties to negotiate and report to the Deputy Registrar, thereby facilitating an amicable resolution and avoiding unnecessary hardship or escalation of enforcement measures. The court further directed the parties to appear before the Deputy Registrar on a specified date to report on the outcome of their negotiations.
Court Disposition
Consent adopted as order of the court; warrants of arrest suspended pending negotiations.
Orders
- The consent filed by the parties is adopted as an order of the court.
- The 3rd respondent to pay the 1st, 2nd, and 3rd petitioners three months' salary arrears (inclusive of allowances) on or before October 21, 2022.
Full Case Text
Judgment text and source record
32 paragraphs
Osieko & 3 others v Ooko & 2 others (Petition E25 of 2021) [2022] KEELRC 12936 (KLR) (24 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12936 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Petition E25 of 2021
S Radido, J
October 24, 2022
IN THE MATTER OF CONTRAVENTION OF RIGHTS TO FAIR LABOUR RELATIONS, FAIR ADMINISTRATIVE ACTION, AND RIGHT AGAINST INHUMAN AND DEGRADING TREATMENT
Between
Nashon Oliech Osieko
1st Petitioner
Raphael Muyonga
2nd Petitioner
Rachel Mayaka
3rd Petitioner
Imelda Nubia
4th Petitioner
and
Francis Ooko
1st Respondent
Harun Kirui
2nd Respondent
Muhoroni Sugar Co Limited (In receivership)
3rd Respondent
Ruling
1. On 19 October 2022, the court declined to allow a motion by the respondents seeking an order lifting warrant of arrest which had been issued against the 1st and 2nd respondents.
2. Later the same day, the respondents filed an application under a certificate of urgency seeking a temporary stay of execution pending settlement of any disputed aspects of the decree of the court, which had been issued on 1 December 2021.
3. The respondents requested that the settlement be agreed upon before the Deputy Registrar.
4. The court gave directions on the motion with a ruling reserved for today.
5. However, again on the same day, parties filed a consent in the following terms:(1)The 3rd respondent to pay the 1st petitioner three (3) months salary arrears (inclusive of allowances) on or before October 21, 2022. (2)The 3rd respondent to pay the 2nd petitioner three (3) months’ salary arrears (inclusive of allowances) on or before October 21, 2022. (3)The 3rd respondent to pay the 3rd petitioner three (3) months’ salary arrears (inclusive of allowances) on or before October 21, 2022. (4)The advocates the petitioners, and the respondents shall meet and discuss on a proposal of payment of the outstanding arrears and such agreement to be reached within fourteen (14) days from the date hereof and report the outcome to the Deputy Registrar on a date to be agreed by counsels.(5)In the meantime, the warrants of arrest issued on October 19, 2022 are hereby suspended to await the outcome of the negotiations and further directions by the court.
6. The court adopts the consent as an order of the court and further directs that the parties appear before the Deputy Registrar on 8 November 2022.
DELIVERED VIRTUALLY FROM VOI, DATED, AND SIGNED ON THIS 24TH DAY OF OCTOBER 2022. Radido Stephen, MCIArbJudgeAppearancesFor applicant N.E. Mogusu & Co. AdvocatesFor 1st and 2nd Respondents Kale Maina & Bundotich Advocates, LLPFor 3rd Respondent , The Federation of Kenya EmployersCourt Assistant Chrispo Aura