Superforam Limited v Olwanda & 7 others (Appeal E007 of 2022) [2022] KEELRC 14650 (KLR) (27 October 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 14650
- Citation
- [2022] KEELRC 14650 (KLR)
- Decided
- 27 October 2022
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramM MBARŨ
The court dismissed the application, finding that the respondents' actions were not protected under the Employment Act and that the court's findings were not subject to review.
Facts
Superforam Limited filed a disciplinary action against 8 respondents, including George Olwanda, Vincent Nyakundi, James Lodi, Bernard Ogwaro, Dionyius Moenga, Patrick Momanyi, Robae Khavere, and Danree Multihandling Services Limited. The respondents alleged that the court's judgment was flawed due to the lack of evidence at the disciplinary floor regarding their actions.
Issues
- Whether the court should review, vary, or clarify its judgment on the grounds that there was no evidence of the respondents calling, inciting, or instigating others to strike.
- Whether the respondents' actions were protected under the Employment Act.
Reasoning
The court ruled that the respondents' actions were not protected under the Employment Act and that the court's findings were not subject to review. The respondents' claim that there was no evidence of their actions was not new and had been addressed in the original judgment.
Outcome
Appeal dismissed with costs to the appellant.
Authorities cited
⚠ 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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