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SIMON OTIENO ADEDE, SAMSON OMONDI CHILO, MARGARET AWUOR ADHIAMBO , FRANCIS OCHIENG OSURE, CHRISPINE PUDO & MEK SACCO SOCIETY LTD V. KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS

(2015) JELR 93812 (CA)

Court of Appeal  •  Civil Application 37 of 2015  •  28 Jul 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

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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