Cementers Building and Civil Engineering Contractors Limited v Wahome & 5 others [2022] KECA 1012 (KLR)

Cementers Building and Civil Engineering Contractors Limited v Wahome & 5 others (Civil Appeal (Application) E080 of 2021) [2022] KECA 1012 (KLR) (23 September 2022) (Ruling)

Neutral citation: [2022] KECA 1012 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal (Application) E080 of 2021

MP Gachoka, JA

September 23, 2022

Between

Cementers Building and Civil Engineering Contractors Limited

Applicant

and

Esther Murunga Wahome

1st Respondent

Catherine Ngina

2nd Respondent

Catherine Katunge

3rd Respondent

Esther Gaicugi

4th Respondent

Eunice Ndinda

5th Respondent

Joshua Wambua

6th Respondent

(Being an application for leave to cease acting against the Ruling of the Employment and Labour Relations Court of Kenya at Nairobi (Onesmus Makau, J.) delivered on 5th February 2021 in Employment and Labour Relations Court No. 1714 of 2021 Cause 1714 of 2011 )

Ruling

1. The Advocates for the Appellant have filed a Notice of Motion dated June 29, 2022 Under Section 3A of theAppellant Jurisdiction Act, Cap No., 9 of the Laws of Kenya ad Rule 23 of the Court of Appeal Rules seeking the following Orders: -“1. The Advocates now on record for the Appellant, Messrs N. Mucheru Law LLP Advocates be granted leave to cease from further acting of the Respondent herein.2. The costs of this application be in the cause.”The Application is supported by the Affidavit of Alex Wambua Muthenyasworn on 14th September 2022.

2. The Application is not opposed, and I hereby order and direct that; The firm of Messes N. Mucheru Law LLP Advocates be and are hereby granted leave to cease acting for the Appellant here.Orders accordingly.

DATED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2022. I certify that this is a true copy of the originalSignedM. GACHOKA, CIArb, FCIArb.................................JUDGE OF APPEALDEPUTY REGISTRAR