Caroline Jebiwot Kipchoge v Safaricom Limited & Kenya Power and Lighting Co. Ltd [2020] KEHC 9036 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KABARNET

CIVIL APPEAL NO. 5 OF 2019

CAROLINE JEBIWOT KIPCHOGE...........................................APPELLANT

=VERSUS=

SAFARICOM LIMITED......................................................1ST RESPONDENT

THE KENYA POWER AND LIGHTING CO. LTD.........2ND RESPONDENT

[Being an appeal from the Ruling of the Senior Principal Magistrate’s Court

at KabarnetPMCC. No. 32 of 2018 delivered on the 13th day of February 2019,

by Hon. V.O. Amboko, RM]

JUDGMENT

1. Save for the different appellant herein the pleadings, evidence and submissions of the parties are similar to the related appeal Kabarnet HCCA No. 4 of 2019, CHARLES ONCHARI OGOTI VERSUS SAFARICOM LIMITED AND THE KENYA POWER AND LIGHTING CO. LTD., respecting a ruling with respect to a Preliminary Objection as to the suit herein being sub judice by virtue of a previous suit Eldoret Employment and Labour Court No. 156 of 2018.

2. For the reasons set out in the Civil Appeal No. 4 of 2019, the Court makes the following orders:

1. The appellant’s appeal is allowed.

2. The 1st respondent’s cross-appeal is rejected.

3. The trial court’s ruling, order and decree of 13th February 2019, the subject of the appeals herein, are set aside.

4. The appellant’s suit herein Kabarnet S.P.M.C.C.C. NO. 32 of 2018 against the 1st and 2nd Respondents shall proceed to hearing on dates to be fixed in consultation with the parties before the trial court.

3. The costs of the appeal shall be costs in the suit.

Order accordingly.

DATED AND DELIVERED THIS 22ND DAY OF JANUARY 2020.

EDWARD M. MURIITHI

JUDGE

Appearances:

M/S Onyinkwa & Co. Advocates for the Appellant.

M/S Meritad Law Africa LLP., Advocates for the 1st Respondent.

M/S Kibichiy & Co. Advocates for the 2nd Respondent.