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SIMON OTIENO ADEDE & 5 ORS.
V.
KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS

(2015) JELR 93812 (CA)

Court of Appeal 28 Jul 2015 Kenya
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Case Details

Suit Number:Civil Application 37 of 2015
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Simon Otieno Adede & 5 others v. Kenya Union of Commercial Food and Allied Workers [2015] eKLR

RULING OF THE COURT

1. The applicants have moved the Court under section 3A of the Appellate Jurisdiction Act and rule 5 of the Rules of the Court to stay proceedings in Kisumu Industrial Court Cause No. 167 of 2015, as well as an order given on 1st July 2015 pending the hearing and determination of Civil Appeal No. 56 of 2015.

2. By an application by notice of motion dated 7th May 2015 presented to the Employment and Labour Relations Court at Kisumu in Cause No. 167 of 2014 under sections 12 and 13 of Employment and Labour Relations Court Act, 20 14, and sections 5 and 6 of the Judicature Act, Cap 8, the respondent sought leave to commence contempt of court proceedings against the applicants. Based on that application, the court ordered that contempt proceedings would unnecessarily delay the objective of the court, which is to ensure speedy execution of its orders, and proceeded to direct that the officials of the 6th applicant be summoned to court to explain why they had not complied …

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