KAYUM KHAN V. INTERNATIONAL COMMERCIAL COMPANY (K) LTD
(2023) JELR 112227 (SC)
Supreme Court
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PETITION NO. E010 OF 2023 (CONSOLIDATED WITH NO. E009 OF 2023)
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21 Dec 2023
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Kenya
Coram
Ibrahim, SCJ
Wanjala, SCJ
Njoki, SCJ
Lenaola, SCJ
Ouko, SCJ
Appearances
Mr. Kayum Khan acting in person
Ms. Katile for the respondent (Musa Juma & Company Advocates)
Judgement
<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><p style="text-align: justify"><strong>A.  INTRODUCTION</strong></p><p style="text-align: justify"><strong>[1] </strong>Before the Court are two appeals by the appellant both dated 31st March 2023 and filed on 3rd April 2023, pursuant to Articles 163 (4) (a), and 258 (1) of the Constitution, Sections 3 (a) (e), 3A, 15 (2) and 15A of the Supreme Court Act, 2011 and Rule 38(1) (a) of the Supreme Court Rules, 2020. The appeals challenge the decisions of the Court of Appeal in <em>Civil Appeals Nos. 63 and 124 of 2018, </em>both delivered on 17th February 2023 which dismissed the appellant’s appeals challenging the Employment and Labour Relations Court’s (ELRC) hearing directions issued on 1st December 2017 by <em>Onyango J </em>and 14th February 2018 by <em>Makau J</em>. The appellate court reasoned that the learned Judges of the trial court had correctly exercised their discretion in issuing the impugned directions.</p><p style="text-align: justify"><strong>[2]  </strong>By a Consent dated 17th May 2023 and adopted on 26th May 2023, the two appeals were consolidated with <strong>Petition No. E010 of 2023 </strong>designated as the lead file.</p><p style="text-align: justify"> <strong>B.  BACKGROU…</strong></p>