Kenya Union Of Printing, Publishing, Paper Manufacturers & Allied Workers v Highland Paper Mills Ltd [2014] KEHC 8552 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA AT KISUMU

CAUSE  NO.  105 OF 2014

(Before Hon. Justice Hellen S. Wasilwa on 25th November, 2014)

PAPER MANUFACTURERS & ALLIED WORKERS    ........... CLAIMANTS

HIGHLAND PAPER MILLS LTD …....................................... RESPONDENT

R U L I N G

The application is brought under S.16 and 20(1) of the Industrial Court Act, rule 32(1) (a-e) of the Industrial Court (Procedure) Rules 2010 & all other enabling provisions of law.

That this matter be certified as urgent and be heard during the court vacation.

That this honourable court be pleased to review the ruling delivered by the Industrial Court of Kenya at Kisumu on case 105 of 2014 on 30th July 2014.

That the costs of this application be in the cause.

That since the ruling was delivered, the applicant herein has discovered new and important evidence which after the exercise of due diligence, was not within its knowledge and could therefore not be produced by the applicant at the time when the ruling was delivered.

and is supported by the annexed affidavit of Moses Wanjala Marumbu.

The applicants further aver that for the past 3 years, all their operations have been financed by an independent financier – Maganlal Stores Ltd (MSL).  On 28. 4.2014, 3 out of the 7 employees intended for retrenchment resigned voluntarily leaving 4.  The applicants gave the said 4 employees notice to declare them redundant as required by law and pay them off as per the Collective Bargaining Agreement through financing from  Maganlal Stores Ltd (MSL).  They also aver that they have technically closed down and scaled down their operations hence their need to have the court review it's ruling so that they can pay off the said employees.

The applicants insist they don't have financial muscle to continue running the company. .

HELLEN S. WASILWA

25/11/2014

Kisilu for claimants

CC.  Wamache