Bernard Barongo Amwoma & 116 others v Orbit Chemicals Limited & another [2019] KEELRC 561 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 561
- Citation
- [2019] KEELRC 561 (KLR)
- Decided
- 11 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication for Costs DismissedCoramRadido Stephen
Holding
The application for costs is dismissed as the 1st Respondent has not demonstrated that the Claimants' right to access justice should be limited.
Facts
The Claimants are employees of the 2nd Respondent under an outsourcing contract, while the 1st Respondent is an independent contractor. The 1st Respondent sought orders for security for costs from the Claimants.
Issues
- Privity of contract between Claimants and 1st Respondent
- Right to access justice without hindrance
Reasoning
The Court dismissed the application as the 1st Respondent failed to show that the Claimants could not pay costs, and the application was meant to stifle their access to justice.
Outcome
Application dismissed
Orders
- Application dated 27 May 2019 dismissed with costs
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Keary Developments v Tarmac Construction (1995) 3 All ER 534
- Westmont Holdings SDN. BHD v Central Bank of Kenya (2017) eKLR
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.
Loading judgment…