Benard Mukolwe & 123 v Karuturi Limited (In Receivership), Ian Small-(Joint Receiver/Manager Karuturi Ltd), Kieran Day-(Joint Receiver/Manager Karuturi Ltd), Karuturi Ltd & Twiga Flowers Ltd [2015] KEELRC 1214 (KLR)

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAKURU

BENARD MUKOLWE & 123. ...............................................CLAIMANTS

KARUTURI LIMITED (in receivership)....................1st RESPONDENT

Karuturi Ltd)...............................2nd RESPONDENT

Karuturi Ltd)................................3rd RESPONDENT

TWIGA FLOWERS LTD................5th RESPONDENT

On 13 February 2015, the Court delivered a ruling in which the Claimants’ application seeking a temporary injunction against the Respondents from evicting them from the housing accommodation provided to them on account of their employment was dismissed on the basis that the employment had been terminated.

The Court directed that the application be served for inter partes hearing on 10 March 2015. The motion was served upon the Respondents and an affidavit of service deposing as to the service was filed in Court on 9 March 2015.

Mr. Muthanwa urged the Claimants’ case and he submitted that he was relying on the grounds on the face of the motion and the supporting affidavit of Benard Mukolwe.

The Court reserved ruling to 27 March 2015.

This affects or will adversely affect the operations of the Respondents and their constitutional right to property. On the other hand, every human being has a right to human dignity and housing (but the right to housing should not be borne by private citizens without their consent or legal basis).

The motion is therefore dismissed with an order that costs be in the cause.

Radido Stephen

Appearances

For Respondents Hamilton Harrison & Matthews Advocates (did not appear at hearing of application)