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Maureen Odero v. Kenya Pipeline Company Limited

(2015) JELR 99202 (CA)

Court of Appeal  •  Civil Appeal (Application) 105 of 2013  •  31 Jul 2015  •  Kenya

Coram
Philomena Mbete Mwilu, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

1. The dispute between the parties was heard by the Industrial Court of Kenya at Nairobi at the time when the said Industrial Court was a Tribunal established under the Labour Institutions Act of 2007 and not the presently constituted Employment and Labour Relations Court established under Article 162 (2)

and (3) of the 2010 Constitution. By a Notice of Motion dated 26th June 2013, the applicant seeks an order to strike out the appellant’s record of appeal lodged in Court at Nairobi on 27th May 2013 in Civil Appeal No. 105 of 2013.

2. The grounds in support of the application as stated on the face of the Motion and in the supporting affidavit are inter alia:

“(a) The award appealed from emanates from the Industrial Court as a tribunal established under the Labour Institutions Act No. 12 of 2007 and from which no appeal could lie to this Court.

b. The Record of Appeal was filed out of time without leave of this Court.

c. The Record of Appeal is incurably defective as it …

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