Kenya Engineering Workers Union v Fine Engineering Works [2019] KEELRC 1181 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF

KENYA AT NAIROBI

CAUSE NUMBER 152 OF 2018

KENYA ENGINEERING

WORKERS UNION................................................CLAIMANT

VERSUS

FINE ENGINEERING WORKS..........................RESPONDENT

RULING

1.  The respondent has made allegations to the effect that the issues raised in this application and suit are the same subject matters in Cause number ELRC No. 120 of 2015.

2. This cause was determined in the claimants favour by Wasilwa J.  The respondent successfully sought a stay of execution pending review of the orders made by the court in Cause Number 120 of 2015. The claimant does not seem to deny these averments by the respondent.

3.  In order to avoid confusion and issuance of contradictory orders, the Court will not determine the application dated 12th February, 2018 but direct that the matter be mentioned before Wasilwa J on 26. 6.2019 for her directions in line with Cause No 120 of 2015.

4.  It is so ordered.

Dated at Nairobi this 14th day of June, 2019

Abuodha J. N.

Judge

Delivered this 14th day of June, 2019

Abuodha J. N.

Judge

In the presence of:-

…………………………………………………………for the Claimant and

……………………………………………………………for the Respondent.