Churchill Ongalo v Kenya Kazi Security Services Limited [2015] KEELRC 1495 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI

CAUSE NO. 741 OF 2014

CHURCHILL ONGALO…………..………………………CLAIMANT

VERSUS

KENYA KAZI SECURITY SERVICES LIMITED.……RESPONDENT

Mr. Odawa for Claimant/Applicant

Mr. Makori for Respondent

RULING

1. In its ruling dated 11th April, 2014, the court directed the main suit be heard on its merits so that this matter is disposed of once and for all.

2. On 15th August, 2014, the Claimant brought yet another application on a certificate of urgency seeking for orders that;

(i) The honourable court do issue directions for the computation of the notice period in respect of the redundancy letter dated 28th April, 2014, the ruling delivered on 11th August, 2014, and letters by the Respondent dated 11th August, 2014 declaring the Claimant redundant effective 12th August, 2014.

(ii) The honourable court do direct the Respondent to pay to the Claimant the owed and accruing 15 days leave and 21 days unserved redundancy notice.

3. Upon perusing the entire record and hearing both parties, the court is satisfied that these sought remedies may only be determined upon hearing a substantive claim on the merits.  That no such claim has been filed regarding the alleged declarations of redundancy.

4. The application by the Claimant/Applicant is an abuse of the court process.

5. The Claimant should file a substantive claim if he so desires to get the issue ventilated and determined.

6. The Application is dismissed with costs in the cause.

Dated and Delivered at Nairobi this 28th day of January, 2015

MATHEWS N. NDUMA

PRINCIPAL JUDGE