1. Before me is the Plaintiff’s application dated 9th April 2025 seeking a stay of the proceedings in this suit pending hearing and determination of an appeal against the ruling of this court dated 27th March 2025 which transferred this suit to the Employment and Labour Relations Court (ELRC), for want of jurisdiction by this court.
2. I have carefully perused the pleadings of the parties and the rival submissions of learned Counsel for the parties. I have come to the considered opinion that having transferred the case to the Employment and Labour Relations Court (ELRC), and the Defendant/Applicant having appealed, I no longer have jurisdiction to handle the case and that this application should have been made either in the Employment and Labour Relations Court or in the Court of Appeal. In the premises, I shall down my tools and make no orders. The file shall be returned to the Employment and Labour Relations registry until such a time as there shall be further orders from the Employment and Labour Relations Court or the Court of Appeal.
Orders accordingly.
Ruling signed, dated and delivered virtually on this 30th day of April 2026.
In the presence of:
Ms Kwamboka for Plaintiff/Respondent
Mr. Liboma for the Defendants/Applicants
Mary - Court Assistant/Interpreter
2. I have carefully perused the pleadings of the parties and the rival submissions of learned Counsel for the parties. I have come to the considered opinion that having transferred the case to the Employment and Labour Relations Court (ELRC), and the Defendant/Applicant having appealed, I no longer have jurisdiction to handle the case and that this application should have been made either in the Employment and Labour Relations Court or in the Court of Appeal. In the premises, I shall down my tools and make no orders. The file shall be returned to the Employment and Labour Relations registry until such a time as there shall be further orders from the Employment and Labour Relations Court or the Court of Appeal.
Orders accordingly.
Ruling signed, dated and delivered virtually on this 30th day of April 2026.
In the presence of:
Ms Kwamboka for Plaintiff/Respondent
Mr. Liboma for the Defendants/Applicants
Mary - Court Assistant/Interpreter