Case law
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Division and case type: Employment and Labour Relations CourtClaim/Causes
…legal proceedings, including execution against the company's property.…
…These proceedings stand suspended by operation of the law, as held in Shee Hamisi Mashipa v Mare Nostrum Limited [2021] eKLR. The execution proceedings commenced by the claimant are hence unlawful.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Determination Garnishee proceedings are, in their very nature, proceedings whereby the garnishee is required to prove whether or not the garnishee is indebted to the judgment-debtor.…
…Proceedings herein are separate and distinct from proceedings under Petition E002 of 2023.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…Considering the above averments, it is clear that the applicant’s motion is not execution proceedings but contempt court proceedings under section 4 of the Judicature Act and Article 159(2)(d) of the Constitution. 6.…
…Such contempt proceedings are no longer execution proceedings but mean to show the courts displeasure at the failure by a servant of the state to comply with the directive of the court given at the instance of the Republic…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The threshold is even lower in proceedings relating to employment and labour relations, matters. The strict rules of evidence do not bind the Employment and Labour Relations Court.…
…Therefore, this Court cannot allow the Claimant to raise challenges that ought to have been raised during the pre-trial juncture but inexplicably weren’t at this point of the proceedings. 22.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…'The Proceedings marked as withdrawn in terms of the Notice dated 15 September 2025. File closed.'…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Determination Garnishee proceedings are, in their very nature, proceedings whereby the garnishee is required to prove whether or not the garnishee is indebted to the judgment-debtor.…
…Proceedings herein are separate and distinct from proceedings under Petition E002 of 2023.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Donald Earle Smith, sought a stay of proceedings in Employment and Labour Relations Court Cause No.…
…The Applicant submitted on exceptional circumstances warranting a stay of proceedings. That exceptional circumstances exist in this case which warrant the stay of proceedings.…
Division and case type: Employment and Labour Relations CourtPetitions
…It was submitted that the 1st orderly room proceedings, that’s proceedings for 9th October 2013,were forwarded 4 years 4 months for delivery of verdict in a blatant violation of Article 47 of the constitution. 35.…
…orderly room proceedings.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Rule 22 of the Employment and Labour Relations Court (Procedure) Rules provides for proceedings without either party.…
…An application seeking a stay of proceedings pending an intended appeal must be addressed on a case-by-case basis.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Judicial Review orders on 25/9/2023, do operate as a stay of proceedings commenced against the Ex parte Applicant until the hearing and determination of the substantive JR motion. iv.…
…It is his submission that if in the re-started proceedings, a problem is noted, this Court is not prevented from issuing orders. 16.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…It is the Applicant’s case that the 1st and 2nd interested Parties do not have locus standi to commence and/or sustain the proceedings in Migori CMCC No.…
…E012 of 2023, and that the Respondent did not have jurisdiction to entertain the proceedings as sought to be quashed. 9.…
Division and case type: Appeals DivisionAppeals
…It contends that it has been calling the court registry from time to time to check on the status of typed proceedings, but to date the same have not been supplied. 19.…
…seeking to be supplied with the proceedings. 22.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…Order 23 rule 1 provides the normal rules applicable to normal execution proceedings.…
…Section 21 (4) of the Government Proceedings Act prohibits execution against the Government.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court granted leave to Humphrey Okuku Nakitare (the ex parte applicant) on 5 February 2024, to commence judicial review proceedings against the Respondents. 2.…
…When the Motion came up on 23 April 2024, the Respondents informed the Court that payment was being processed and the Court directed that the proceedings be mentioned the next day. 6.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…It was the Respondent’s case that the ongoing procedures, that is the criminal proceedings and disciplinary action were independent and could occur concurrently and there was nothing that prevented both the court and the…
…of an employer and criminal proceedings was upheld for the reason that the internal disciplinary proceedings are anchored on the contract of employment and the burden of proof is on a balance of probability, while in criminal…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Under Order 22 of the Civil Procedure Rules and practices of the Court, execution proceedings are primarily the jurisdiction of the Deputy Registrar.…
…The Court directs that the file be placed before the Deputy Registrar for further proceedings.…
Division and case type: Employment and Labour Relations CourtAppeals
…This Honourable Court be pleased to set aside the ex-parte proceedings of the 19th October, 2023 and 30th November, 2023. iii. Spent iv.…
…The Applicants herein did not at all participate in the appeal nor did they take part in the proceedings before the lower court where the matter proceeded undefended.…
Division and case type: Employment and Labour Relations CourtAppeals
…The appellant filed Objection proceedings on 2 April 2024 seeking to lift the attachment of the properties because it had a legal and equitable interest in the proclaimed properties.…
…Determination The appeal arises from the ruling delivered on 1st August 2024 following objection proceedings by the appellant.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…For determination is a Motion dated 24 February 2025 by Lachlan Kenya Ltd (the Petitioner) seeking orders: (i) … (ii) THAT this Honourable Court be pleased to grant a stay of proceedings in Nairobi ELRC Miscellaneous Application…
…(iii) THAT this Honourable Court be pleased to grant a stay of the proceedings in Nairobi ELRC Miscellaneous Application No. E265 of 2023 pending the hearing and determination of the Petition dated 24th February 2025.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…set out under section 21 of the Government Proceedings Act. 7.…
…Section 21 of the GPA provides as follows: “(1) Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which the Government is a party, any order (including an…