Diana Kageni Mbari v National Empowerment Network of People With Hiv/Aids in Kenya (Nephak) [2013] KEELRC 826 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 826
- Citation
- [2013] KEELRC 826 (KLR)
- Decided
- 26 July 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent opposed, Application withdrawnCoramHON. LADY JUSTICE MAUREEN ONYANGO
Holding
The case is transferred to the Industrial Court for hearing and final determination.
Facts
The applicant is a Canadian citizen residing in Kenya for three months, and the case was filed in 2007. The 2013 diary for hearing dates at the Chief Magistrate's Court at Milimani Commercial Courts Nairobi is closed.
Issues
- Transfer of the case to the Industrial Court for quicker determination
- Fixing the case for an early possible date
Reasoning
The court found that the Industrial Court is the proper court for the application and that the case should be fixed for an early possible date.
Outcome
The case is withdrawn from the Chief Magistrate's Court and transferred to the Industrial Court.
Orders
- PMCC 7157 OF 2007 between DIANA KAGENI versus NATIONAL EMPOWERMENT NETWORK OF PEOPLE WITH HIV/AIDS IN KENYA (NEPHAK) is withdrawn from the said court and transferred to the Industrial Court for hearing and final determination.
- There shall be no orders for costs on the grounds that since the Respondent has admitted that it did not object to the transfer of the case to this court, it was a waste of judicial time to subject the application to a hearing.
Authorities cited
Legislation (2)
- Industrial Court Act
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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