Owuor & others v Registrar of Trade Unions; Emisembe (Suing on behalf of Kenya Union of Technical and Vocational Education Trainers) (Applicant); Sebastian Lidigu & 2 others (Interested Parties) (Appeal 26 of 2016) [2022] KEELRC 1290 (KLR) (12 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1290
- Citation
- [2022] KEELRC 1290 (KLR)
- Decided
- 12 July 2022
Summary at a glance
TypeAppealPostureAppeal from a decision of the Employment and Labour Relations CourtCoramNZIOKI WA MAKAU, Radido
The court transfers the case to the Employment and Labour Relations Court at Kisumu where it will abide the outcome in the appeal alongside the matter at the ELRC Court Kisumu.
Facts
The Applicant, Jayne Emisembe, sought to be enjoined from the Respondent, Registrar of Trade Unions, in Appeal No. 12 of 2019. The 1st to 3rd Interested Parties filed a preliminary objection, asserting that the matter was res judicata due to another matter pending before the Court of Appeal in Kisumu.
Issues
- Whether the matter is res judicata
- Whether the court has jurisdiction to entertain the application
Reasoning
The court found that the matter before the court is not res judicata and that the court has jurisdiction to entertain the application. The court also found that the matter at Kisumu has been concluded by the Employment and Labour Relations Court and that the issue has conclusively been determined in the said Employment Court.
Outcome
The court transfers the case to the Employment and Labour Relations Court at Kisumu.
Orders
- The case is transferred to the Employment and Labour Relations Court at Kisumu
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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