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ELRCOtherCause No. 10 of 2016

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) v Management of Tea Hotel; Ravji Devji Chhabhadia & 3 others (Purchasers); Tea Hotel Limited (Proposed Interested Party) [2020] KEELRC 1905 (KLR)

Employment and Labour Relations Court of Kenya
2 April 2020
MMM. Mbaru
363 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court showed that even during COVID-19 court closures, rulings could still be delivered electronically to all parties by email.

What this practically means

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Executive summary

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This document contains procedural directions rather than a substantive judgment. It arises in Employment and Labour Relations Court Cause No. 10 of 2016 at Kericho between the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) and the Management of Tea Hotel, with purchasers and a proposed interested party, Tea Hotel Limited, also on record. A ruling on the proposed interested party's application dated 16th December 2019 was scheduled for delivery on 19th March 2020 at Nakuru but could not proceed because of the Chief Justice's directions of 15th March 2020 suspending court operations due to the COVID-19 pandemic. The Chief Justice subsequently permitted electronic delivery of rulings with parties' approval. The claimant's advocates sought electronic delivery; the respondent's and purchasers' advocates approved, while the proposed interested party's advocates objected, citing leave obtained to file an application for cross-examination of the claimant's client. Justice M. Mbaru noted the objection but observed that the pending ruling related solely to the 16th December 2019 application. The court directed that the ruling be delivered electronically on 3rd April 2020, with the Deputy Registrar, ELRC Nakuru posting it to the parties and to the Kenya Law website via specified email addresses. The document makes no findings on the merits and issues no costs order.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the pending ruling on the proposed interested party's application dated 16th December 2019 could be delivered electronically with the parties' approval notwithstanding the Chief Justice's directions suspending court operations

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.That all parties had been notified of the pending ruling on the application dated 16th December 2019
    2. 2.That the ruling shall be delivered electronically on 3rd April, 2020
    3. 3.That the Deputy Registrar, ELRC Nakuru shall post the ruling electronically to the parties and cause it to be posted on the Kenya Law website
    4. 4.Transmission of the ruling via specified email addresses of the advocates for the claimant, purchasers, respondent and proposed interested party

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    MM
    majority

    Wrote the judgment

    Jurisdiction invoked
    Employment and Labour Relations Court jurisdiction over pending application dated 16th December 2019 in Cause No. 10 of 2016

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    There is communication by the applicant and proposed interested party through the firm of MIDENGA & COMPANY ADVOCATES which does not give approval on the grounds that we sought and obtained leave to file an application for cross-examination of Mr. Kemboi's client.
    p. 1Objection by proposed interested party to electronic delivery of ruling
    The ruling shall be delivered electronically on 3rd April, 2020;
    p. 1Final order - electronic delivery of ruling

    Issues in the judgment

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    material

    Document is not a substantive judgment but procedural directions on delivery of a pending ruling; the disposition of the application dated 16th December 2019 is not recorded here

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) v Management of Tea Hotel; Ravji Devji Chhabhadia & 3 others (Purchasers); Tea Hotel Limited (Proposed Interested Party) [2020] KEELRC 1905 (KLR)", Case Analysis (2020). Cause No. 10 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1905/eng@2020-04-02

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.