Kenya Hotels and Allied Workers Union v Director Classic Hotel [2019] KEELC 4983 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS

COURT OF KENYA AT NYERI

CASE NO. 196 OF 2017

KENYA HOTELS & ALLIED

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

VERSUS

DIRECTOR CLASSIC HOTEL...........................................RESPONDENT

RULING

1.  The Claimant sued the Director Classic Court Hotel on 6th November 2015 seeking remedies against the Respondent on behalf of 2 Grievants. During the pendency of the suit, the Director passed away. The Respondent’s advocate withdrew citing lack of instructions as his client had passed away.

2.  The Claimant sought to continue with the suit but in law this is untenable. The Claimant’s suit abated and there is no further step that we can take. The Claimant sued an individual and not a corporate entity thereby complicating the suit further. The suit cannot continue and is therefore marked as closed having abated. There is no order as to costs.

It is so ordered.

Dated and delivered at Nyeri this 22nd day of January 2019

Nzioki wa Makau

JUDGE

I certify that this is a true

copy of the original

DEPUTY REGISTRAR