Elija Mokaya & 4 others v Kenya Railways Corporation & another; Rift Valley Railway Workers Union (Interested Party) [2022] KEELRC 12780 (KLR) | Settlement Of Labour Disputes | Esheria

Elija Mokaya & 4 others v Kenya Railways Corporation & another; Rift Valley Railway Workers Union (Interested Party) [2022] KEELRC 12780 (KLR)

Full Case Text

Elija Mokaya & 4 others v Kenya Railways Corporation & another; Rift Valley Railway Workers Union (Interested Party) (Petition 76 of 2017) [2022] KEELRC 12780 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEELRC 12780 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition 76 of 2017

J Rika, J

October 6, 2022

Between

Elija Mokaya

1st Petitioner

Denis Ngachura

2nd Petitioner

Domnic Laisa

3rd Petitioner

Maruti Makokha

4th Petitioner

Daniel Magero

5th Petitioner

and

Kenya Railways Corporation

1st Respondent

Attorney General

2nd Respondent

and

Rift Valley Railway Workers Unionrs

Interested Party

Ruling

1. The court has read the application dated October 5, 2022 filed by the interested party, and that dated September 27, 2022, filed by the 1st respondent.

2. The 1st respondent has consistently held that the issues in dispute between the petitioners and the respondents, have been settled.

3. The 1st respondent prays the court to have the petition marked as settled.

4. The interested party holds that there is no settlement. It has presented an application to be made a co-petitioner.

5. It is the view of the court that there is no pending issue between the petitioners and the respondents. The petitioners have not been appearing in the proceedings, as the petitioners have nothing left to prosecute before this court.

6. An order for the interested party to be joined as a co-petitioner would amount to presentation of a new petition, and does not assist the court in clarification of issues.

7. The interested party, as suggested by the court in the past, ought to present a fresh petition, instead of hanging onto a petition which has been compromised by the principal parties.

It Is Ordered: -a.The petition is marked as settled between the principal parties.b.The interested party is at liberty to present a fresh petition.c.The file is closed.d.No order on the costs.

DATED SIGNED, AND DELIVERED VIRTUALLY, AT NAIROBI, THIS 6TH DAY OF OCTOBER 2022. JAMES RIKAJUDGE