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ELRCOtherNot stated in judgment· [2021] KEELRC 1371 (KLR)

Elly Barasa Ochieng v Gallant Security Services Limited Gallant Security Services Limited Registration No. CPR/2012/66275 (Objector [2021] KEELRC 1371 (KLR)

Employment and Labour Relations Court
29 June 2021
NMNzioki wa Makau
107 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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An Employment Court in Nairobi ordered the Registrar of Companies to reveal who really owns Gallant Security Services while interim protection continues.

What this practically means

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Executive summary

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This is a brief interlocutory directions ruling delivered by Nzioki wa Makau, Judge, at Nairobi on 29th June 2021 in an Employment and Labour Relations Court matter. After hearing Miss Mutinda and Miss Omamo for the parties, the court formed the view that a Response from the Claimant was necessary before the pending application could be determined. The court accordingly directed the Claimant to file an affidavit by close of business on Friday 2nd July 2021 (the ruling records the year as 2011, evidently a typographical slip for 2021). The court further ordered the Registrar of Companies to file an affidavit within 14 days disclosing the ownership of the Company registered under C. 34188 Gallant Security Services Limited as well as the CPR/2012/66275, indicating that the beneficial or shareholding structure of the respondent company was in dispute and required independent verification from the official register. The hearing of the application was scheduled for 15th July 2021 at 9.00 am, and the interim orders previously in place were extended until that date. The ruling makes no findings on the merits, cites no authorities or statutes, and makes no order as to costs. Its significance lies in the directions on filing and the disclosure order against the Registrar of Companies.

Key legal issues

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Direction to file responses and affidavit from Registrar of Companies

Holding

The court directed the Claimant to file a Response and ordered the Registrar of Companies to disclose ownership of the Company and the certificate CPR/2012/66275 within 14 days.

Reasoning

Having heard counsel for the parties, the court considered that a Response from the Claimant was necessary before the interlocutory application could be heard. It also required independent verification of the company's ownership through an affidavit from the Registrar of Companies, and extended interim protection pending the hearing.

p. 2

Legal principles established

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    Court orders

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    1. 1.A Response from the Claimant is to be filed
    2. 2.The Registrar of Companies to file an affidavit indicating the ownership of the Company registered under C. 34188 Gallant Security Services Limited as well as the CPR/2012/66275 within 14 days
    3. 3.Claimant's affidavit to be filed before close of business Friday 2nd July 2021
    4. 4.Hearing of the application fixed for 15th July 2021 at 9.00 am
    5. 5.Interim orders extended until the hearing date
    Jurisdiction invoked
    Not stated in judgment

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Elly Barasa Ochieng v Gallant Security Services Limited Gallant Security Services Limited Registration No. CPR/2012/66275 (Objector [2021] KEELRC 1371 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1371/eng@2021-06-29

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.