Dock Workers Union v Geoffrey Mareko [2015] KEELRC 564 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT MOMBASA

CAUSE NUMBER 562 OF 2015

BETWEEN

DOCK WORKERS UNION………………………CLAIMANT

VERSUS

GEOFFREY MAREKO………………………RESPONDENT

RULING

1. The Claimant Union filed its Statement of Claim on the 6th August 2015. This was accompanied by an Application under Certificate of Urgency. The Application seeks to have the Respondent by himself, agents and /or servants restrained from proceeding with a Special Conference which is scheduled for 15th August 2015.

2. The Application is supported by the Affidavit of the Claimant’s General Secretary, Simon Kiprono Sang, sworn on the 5th August 2015.

3. The Parties appeared before the Court yesterday the 11th August 2015, under Certificate of Urgency. They were engaged in arguing another Application which involves them and similar issues, under Cause Number 551 of 2015.

4. The Court directed that Ruling on the Application in the current file, is made based on its findings in Cause Number 551 of 2015. Relying on the findings in that Cause, the Court is satisfied the Application by the Claimant, dated 5th August 2015 has merit. IT IS ORDERED:-

[a] The Respondent, by himself, his agents and/or servants,  is hereby restrained from proceeding with the Special Conference on 15th August 2015, or on any other date, until further orders are otherwise made by this Court.

[b] Costs in the Cause.

Dated and delivered at Mombasa this 12th day of August 2015

James Rika

Judge