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Nyambane & another v Kenya County Government Workers Union; Kenya County Government Workers Union (Client); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Advocate) (Miscellaneous Application E247 of 2021) [2023] KEELRC 2956 (KLR) (20 November 2023) (Ruling)

[2023] KEELRC 2956 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2956
Citation
[2023] KEELRC 2956 (KLR)
Decided
20 November 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeMiscellaneous ApplicationPostureRespondent's Application for Urgent Transfer and Taxation of Bill of CostsCoramJK GAKERI, Nyariangi
The court dismisses the application with no orders as to costs.

Facts

The Respondent instructed the Applicant to file a suit on behalf of its members in Industrial Cause No. 912 of 2011, which was later transferred to Nakuru and registered as Industrial Cause No. 12 of 2013. The Applicant filed a Miscellaneous Application No. E247 of 2021 in Nairobi seeking urgent transfer and taxation of the Bill of Costs.

Issues

  • Whether the Notice of Motion dated 19th June, 2023 is merited.
  • Whether the Employment and Labour Relations Court has jurisdiction to transfer the case to Nakuru for taxation of the Bill of Costs.

Reasoning

The court is not persuaded that the Notice of Motion dated 19th June, 2023 is unmerited. The court is unpersuaded that it would be expedient to have the bill re-taxed by the Deputy Registrar, Employment and Labour Relations Court, Nakuru.

Outcome

Dismissed with no orders as to costs.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Employment and Labour Relations Court Act
Cases cited (3)
  • Ali Jarso Wako & another v Ministry of Interior & Coordination of National Government & 5 others; Public Service Commission & 5 others (Interested Parties) (Supra)
  • Kagenyi v Musiramo and Another (1968) EALR
  • Owners of Motor Vessel Lillian 'S' v Caltex Oil (Kenya) Limited (1989)
⚠ 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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