Case ID:168342

Gilbert Kiptoo Kipkoech & 13 others v Eldoret Grains Limited [2020] eKLR

Case Metadata

Case Number:

Cause 227 of 2013

Parties:

Gilbert Kiptoo Kipkoech, Joseph Orora Aera, Ngui Muindi, Fred G. Ondiek, Peter Kyalo, Peter Kipleting Omosa, Kennedy Simiyu Fwamba, Lawrence Bosire, Gideon Kemobi, Haron Monari Tinega, Ramashan Kimutai, Thomson Agri Mokaya, Duke Ombaki Kibera & Dickson Korir v Eldoret Grains Limited

Date Delivered:

17 Dec 2020

Case Class:

Civil

Court:

Employment and Labour Relations Court at Kisumu

Case Action:

Ruling

Judge(s):

Mathews Nderi Nduma

Citation:

Gilbert Kiptoo Kipkoech & 13 others v Eldoret Grains Limited [2020] eKLR

Advocates:

Mr.Kirwa for Claimant

Mr. Kigamwa for respondent

Court Division:

Employment and Labour Relations

County:

Kisumu

Advocates:

Mr.Kirwa for Claimant

Mr. Kigamwa for respondent

History Advocates:

Both Parties Represented

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU

CAUSE NO. 227 OF 2013

GILBERT KIPTOO KIPKOECH............................1

ST

CLAIMANT/RESPONDENT

JOSEPH ORORA AERA.........................................2

ND

CLAIMANT/RESPONDENT

NGUI MUINDI..........................................................3

RD

CLAIMANT/RESPONDENT

FRED G. ONDIEK...................................................4

TH

CLAIMANT/RESPONDENT

PETER KYALO.......................................................5

TH

CLAIMANT/RESPONDENT

PETER KIPLETING OMOSA..............................6

TH

CLAIMANT/RESPONDENT

KENNEDY SIMIYU FWAMBA............................7

TH

CLAIMANT/RESPONDENT

LAWRENCE BOSIRE...........................................8

TH

CLAIMANT/RESPONDENT

GIDEON KEMOBI..................................................9

TH

CLAIMANT/RESPONDENT

HARON MONARI TINEGA...............................10

TH

CLAIMANT/RESPONDENT

RAMASHAN KIMUTAI......................................11

TH

CLAIMANT/RESPONDENT

THOMSON AGRI MOKAYA.............................12

TH

CLAIMANT/RESPONDENT

DUKE OMBAKI KIBERA.................................13

TH

CLAIMANT/RESPONDENT

DICKSON KORIR..............................................14

TH

CLAIMANT/RESPONDENT

VERSUS

ELDORET GRAINS LIMITED...............................RESPONDENT/APPLICANT

RULING

1. The judgment creditor filed an application for review of the judgment of the Court dated 6/12/2018. The application is dated 12/8/2019 and was filed on the even date about 11 months from the date of judgment. The decretal sum in favour of the Claimant/applicant is Kshs.1,345,976.

2. In its judgment the Court clearly stated that it would not grant an Order of

Costs in the matter. The Court was therefore deliberate on the its finding and this was not an omission and/or an error on the face of the record. The Court allowed interest on the decretal sum at 14% from the date of judgment.

3. The Court has a discretion to make an Order for costs or not provided the

discretion is exercised judiciously.

4. The Court considered the hefty award made to the Claimant as against the

respondent and used its discretion not to award costs. This practice is not uncommon in the Employment and Labour Relations Court which has an equitable jurisdiction.

5. The Court has considered the rival arguments and submissions by the

parties and is not persuaded that there is any justification to review its judgment in terms of Rule 33(1) (a) – (d) Employment and Labour Relations Court (Procedure) Rules, 2016. The Claimant had opportunity to appeal the decision of the Court regarding costs but it did not.

6. The application lacks merit and is dismissed with no order as to costs.

Dated and delivered at Nairobi this 17

th

day of December, 2020.

MATHEWS N. NDUMA

JUDGE

ORDER

In view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15

th

March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with

Order 21 rule 1 of the Civil Procedure Rules

which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by

Article 159(2)(d)

of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under

Article 48

of the Constitution and the provisions of

Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya)

which impose on this court the duty of the court,

inter alia

, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.

MATHEWS N. NDUMA

JUDGE

Appearances

Mr.Kirwa for Claimant

Mr. Kigamwa for respondent

Chrispo: Court clerk