Magdalene Kiboi & 17 others v Engen Kenya Limited [2020] KEELRC 1060 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1060
- Citation
- [2020] KEELRC 1060 (KLR)
- Decided
- 15 May 2020
Summary at a glance
TypeEmployment DisputePostureAppeal from a previous suitCoramKuloba J. (as he then was)
The claim is not res judicata as the subject matter of the two suits is not the same.
Facts
Claimants sued Engen Kenya Limited for unpaid house allowances under the Employment Act and Constitution of Kenya, 2010. The previous suit (Cause No. 602 of 2018) involved similar claims but different reliefs.
Issues
- Whether the current claim is res judicata
- Whether the claim is time barred
- Whether the claimants are entitled to the reliefs sought
Reasoning
The court compared the pleadings in the previous suit and found that the current claimants were also claimants in the previous suit, but the subject matter was different.
Outcome
The claim is not res judicata.
Authorities cited
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