Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) v Management of Tea Hotel; Ravji Devji Chhabhadia, Kanji Devji Chhabhadia, Chandrakanti Devji Chhabhadia & Shashikant Kanjibhai Pindoriya ( Purchasers); Tea Hotel Limited (Proposed Interested Party) [2020] KEELRC 1905 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT

KERICHO

CAUSE NO.10 OF 2016

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL

INSTITUTIONS, HOSPITALS & ALLIED WORKERS (KUDHEIHA).............. CLAIMANT

VERSUS

THE MANAGEMENT OF TEA HOTEL............................................................ RESPONDENT

AND

RAVJI DEVJI CHHABHADIA

KANJI DEVJI CHHABHADIA

CHANDRAKANTI DEVJI CHHABHADIA

SHASHIKANT KANJIBHAI PINDORIYA....................................................... PURCHASERS

AND

TEA HOTEL LIMITED................................................... PROPOSED INTERESTED PARTY

DIRECTIONS ON PENDING RULING

The pending ruling herein is with regard to application dated 16th December, 2019 filed by the Proposed interested party, Tea Hotel Limited represented by the firm of MIDENGA & COMPANY ADVOCATES.

The ruling was to be delivered on 19th March, 2020 at Nakuru. This was not possible following the Chief Justice Directions on 15th March, 2020 suspending all court operations. The Chief Justice has since issued follow up directions for the delivery of due rulings/judgements electronically with the approval of the parties.

In this regard, the claimants’ advocates KEMBOI & COSMAN CO. ADVOCATES applied to have the ruling delivered through this mode.

Directions issued for all parties to indicate approval and the respondent through ORINA & COMPANY ADVOCATES have indicated their approval electronically as well as the firm of MENEZES & COMPANY ADVOCATES for the purchasers.

There is communication by the applicant and proposed interested party through the firm of MIDENGA & COMPANY ADVOCATES which does not give approval on thegrounds that we sought and obtained leave to file an application for cross-examination of Mr. Kemboi’s client. However the pending ruling relates to application dated 16th December, 2019 by the proposed interested party as noted above.

This is therefore to direct as follows;

1. As all parties have now been notified of the pending ruling as outlined above;

2. The ruling shall be delivered electronically on 3rd April, 2020;

3. The Deputy Registrar, ELRC Nakuru shall post the same electronically to the parties and cause the same to be posted on Kenya Law website.

Transmission electronically via the following email addresses;

gkemboi1@gmail.comAdvocate for the Claimant lgmenezes@lgmenezes.comAdvocate for the purchasers emorina2003@yahoo.comAdvocate for Respondent, cmidenga@gmail.comadvocate for the proposed interested party.

Dated and delivered at Nakuru electronically this 2nd April, 2020.

M. MBARU

JUDGE