Shiboko & 2 others v Chungani & 3 others (Cause E001 of 2026) [2026] KEELRC 1424 (KLR) (26 May 2026) (Ruling)
The court found that there was evidence of a related matter already filed before the Kakamega Chief Magistrate's Court and, relying on its supervisory powers over employment and labour relations matters, stayed the proceedings in this cause pending determination of the provenance of this suit.
Source-derived case information.
- Citation
- [2026] KEELRC 1424 (KLR)
- Parties
- 1st Claimant: Paul Shiboko; 2nd Claimant: Musa Nasoro; 3rd Claimant: Emily Ligami; Respondent: Patrick Chungani – Executive Secretary (KNUT) Kakamega East Branch & 3 others
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Cause E001 of 2026
- Procedural Posture
- Employment and Labour Relations Cause / Ruling on Stay of Proceedings
- Outcome
- Proceedings stayed pending determination of the provenance of the suit.
- Judges
- ["Nzioki wa Makau"]
- Legal Topics
- Stay of Proceedings, Parallel Proceedings, Jurisdiction of the Employment and Labour Relations Court, Sub Judice/provenance of Suit
- 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
Paul Shiboko
1st Claimant
Musa Nasoro
2nd Claimant
Emily Ligami
3rd Claimant
Patrick Chungani – Executive Secretary (KNUT) Kakamega East Branch & 3 others
Respondent
Procedural Posture
Employment and Labour Relations Cause / Ruling on Stay of Proceedings
Legal Issues
- 1 Whether the court should stay proceedings in light of a parallel case allegedly filed before the Kakamega Chief Magistrate's Court.
- 2 Whether the provenance and priority of the present suit should be determined before the matter proceeds.
Ratio Decidendi
The court found that there was evidence of a related matter already filed before the Kakamega Chief Magistrate's Court and, relying on its supervisory powers over employment and labour relations matters, stayed the proceedings in this cause pending determination of the provenance of this suit.
Court Disposition
Proceedings stayed pending determination of the provenance of the suit.
Orders
- Stay of proceedings granted.
- File to be forwarded to the Registry on 22nd June 2026.
Full Case Text
Judgment text and source record
1 paragraphs
Shiboko & 2 others v Chungani & 3 others (Cause E001 of 2026) [2026] KEELRC 1424 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEELRC 1424 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Kisumu Cause E001 of 2026 Nzioki wa Makau, J May 26, 2026 Between Paul Shiboko 1st Claimant Musa Nasoro 2nd Claimant Emily Ligami 3rd Claimant and Patrick Chungani – Executive Secretary (KNUT) Kakamega East Branch & 3 others Respondent Ruling 1.There is evidence a matter was filed before Kakamega CM’s Court being MCCC E039 of 2026 – Paul Shiboko Lisulu v KNUT & 2 others. The Court calls for the file to be forwarded to this Registry on 22nd June 2026. 2.Granted the supervisory powers of this Court on employment and labour relations matters in terms of Article 162(2) and being the superior court on record in respect of employment and labour related matters, I order a stay of proceedings in the matter pending the determination of the provenance of this suit before me while another is pending at the Magistrate’s Court Kakamega. 3.Order to be served upon the Executive Officer to facilitate the file being availed to this Court for perusal and return to the Chief Magistrate’s Court at Kakamega. The file be availed on Monday 22nd June 2026 for my perusal.It is so ordered. DATED AND DELIVERED AT KISUMU THIS 26TH DAY OF MAY 2026NZIOKI WA MAKAU, MCIARB.JUDGE