Rift Valley Railways Workers Union v Rift Valley Railways (Kenya) Limited & another [2014] KEELRC 1453 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1453
- Citation
- [2014] KEELRC 1453 (KLR)
- Decided
- 10 December 2014
The 2nd Respondent's application is competent and the matter is not res judicata. The 2nd Respondent has an arguable appeal and good prospects of success.
Facts
The 2nd Respondent filed a Notice of Appeal and a Notice of Motion seeking a stay of the orders of the Court issued on 24th September 2014, which ordered a balloting exercise for the unionisable employees of the 1st Respondent.
Issues
- Whether the 2nd Respondent's application for a stay of the orders is competent
- Whether the application is res judicata
- Whether the 2nd Respondent has an arguable appeal and good prospects of success
Reasoning
The Court agreed with the 2nd Respondent that the Civil Procedure Rules are properly applicable. The Court found that the matters raised in the current application are not res judicata as they differ from the earlier application. The Court also found that the 2nd Respondent has an arguable appeal and good prospects of success.
Outcome
The application for a stay of the orders is granted.
Orders
- The balloting exercise is stayed pending the appeal.
Authorities cited
Legislation (3)
- Industrial Court Act
- Industrial Court (Procedure) Rules
- Civil Procedure Rules
Cases cited (1)
- Rosebell Wambui Muthee Vs Freight in Time
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