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Kenya Airways Company Limited v. Joseph Otieno and 114 others

(2018) JELR 100144 (CA)

Court of Appeal  •  Civil Appeal 78 of 2018  •  17 Aug 2018  •  Kenya

Coram
William Ouko, Fatuma sichale, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

JOSEPH OTIENO OYUGA and 114 OTHERS, (the respondents herein and the then claimants) filed a notice of motion dated 4th December, 2017 in the Employment and Labour Relations Court. KENYA AIRWAYS COMPANY LTD, the appellant herein was named as the respondent. In prayer 2 of the motion, the respondents sought the following order:

“Pending inter partes hearing and determination of this application, an order be and is hereby issued against the respondent directing the suspension of the purported dismissal of the applicants and maintenance of the status quo ante with no loss of seniority, privileges, salary, benefits and allowances.”

On 18th December, 2017, the application came up for hearing before Wasilwa, J. Mr. Weru, learned counsel holding brief for Mr. Obura for the appellants sought an adjournment for one day to enable the appellant file a response to the motion. The learned Judge granted the adjournment. In so doing, she directed that:

“The respondents have one day…

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