Wafula v Postal Corporation of Kenya [2024] KEELRC 151 (KLR)

Wafula v Postal Corporation of Kenya (Employment and Labour Relations Cause E053 of 2023) [2024] KEELRC 151 (KLR) (8 February 2024) (Ruling)

Neutral citation: [2024] KEELRC 151 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Employment and Labour Relations Cause E053 of 2023

DN Nderitu, J

February 8, 2024

Between

Andrew Juma Wafula

Appellant

and

Postal Corporation Of Kenya

Respondent

Ruling

1. The claimant filed a notice of motion dated 16th October, 2023, under a certificate of urgency seeking for the following orders -1. That this application be certified urgent and service of the same be dispensed in the first instance and heard on the priority basis.2. That the Honourable Court be pleased to give directions that the claim be heard and as a matter of priority as the same had already proceeded for hearing before the subordinate court.

2. The application is expressed to be brought pursuant to Articles 48, 50, and 159(1) of the Constitution of Kenya, 2010, Section 3(1) of the Employment and Labour Relations Court Act as read with Section 12(3) (viii) of the Act, Rule 17 of the ELRC rules, and any other enabling laws) and based on the grounds on its face.

3. The application is supported with the affidavit of Gordon Ogola, Advocate sworn on even date with several annexures thereto.

4. The respondent was duly served with the said application as per the affidavit of service on record but no response thereto was filed.

5. The court has read the said application, the supporting affidavit and the annexures thereto and orders and directs as follows -i.That for the grounds and reasons alluded to in the application as supported by the affidavit and annexures thereto, this cause shall be allocated a hearing date on priority basis.ii.That a hearing date be allocated immediately upon delivery of this ruling.

DATED, DELIVERED VIRTUALLY, AND SIGNED AT NAKURU THIS 8THDAY OF FEBRUARY, 2024. ……………………DAVID NDERITUJUDGE