David Mwangi Mburu v Hotel Intercontinental Nairobi Ltd [2017] KEELRC 1457 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO 775 OF 2012

DAVID MWANGI MBURU……………………………………….CLAIMANT

VERSUS

HOTEL INTERCONTINENTAL NAIROBI LTD……………..RESPONDENT

RULING

1. On 23rd July 2014, I dismissed the Respondent’s application seeking stay of proceedings in this cause pending the hearing and determination of HCCC No 367 of 2011: David Mburu Mwangi v KPMG Kenya.

2. When the main claim came up for hearing on 19th January 2017, the Court was notified that the Respondent had filed a notice of Preliminary Objection. The notice dated 12th January 2017 is based on the ground that the Claimant has filed HCCC No 367 of 2011 against KPMG Kenya.

3. In his grounds of opposition filed on 17th January 2017 the Claimant states that the issue raised in the Preliminary Objection was the same one raised in the Notice of Motion dismissed on 23rd July 2014 and is therefore resjudicata.

4. In the ruling delivered on 23rd July 2014, the Court determined that HCCC No 367 of 2011and the current claim are distinct and separate. This is the same issue being raised in the current Preliminary Objection. The only thing I will say is that having conclusively dealt with this issue way back in 2014, the Court cannot now reopen it. The issue is res judicata and the Objection is therefore overruled with costs to the Claimant.

5. I now direct the parties to set down the main claim for hearing on priority basis.

6. It is so ordered.

DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 28THDAY OF APRIL 2017

LINNET NDOLO

JUDGE

Appearance:

Mr. Keyonzo for the Claimant

Mr. Kalungu for the Respondent