Esevwe v University of Nairobi (Cause E458 of 2022) [2023] KEELRC 3221 (KLR)
The bottom line
#Kenya's Employment Court consolidated two University of Nairobi pay disputes, ruling a pending appeal doesn't block consolidation unless proceedings are formally stayed.
What this practically means
#Executive summary
#Key legal issues
#Whether consolidation is merited where the suits share the same cause of action and facts
Consolidation was granted because the two suits concern the same cause of action arising from the letters dated June 21 and 22, 2022 reducing house allowance, and the respondent did not rebut the applicant's case
The Court found that the two suits concern the same cause of action, namely the letters of June 21, 2022 and June 22, 2022 reducing the claimants' house allowance pursuant to a court order said to be non-existent. Consolidation would avoid inconsistent findings or judgments, promote judicial efficiency, and serve convenience and fairness. Since the respondent filed no material to rebut the applicant's case, the applicant was held to have established a case for consolidation.
Whether a pending appeal bars an order for consolidation absent a stay of proceedings
No - the respondent's preferred appeal against the August 4, 2023 ruling does not operate as a bar in absence of an order staying proceedings
The respondent argued that pursuing a Court of Appeal process alongside High Court consolidation was an abuse of process. The Court held that without an order staying the proceedings, a preferred appeal does not bar an order for consolidation, especially where the preconditions for consolidation are satisfied. The Court accordingly proceeded to consolidate the suits notwithstanding the notice of appeal filed on August 9, 2023.
Legal principles established
#- Suits may be consolidated where they raise issues for determination arising out of the same transaction
- An appeal against a ruling does not bar consolidation in the absence of an order staying proceedings
Court orders
#- 1.That ELRC Cause E458 of 2022 and ELRC Cause E378 of 2023 both at Nairobi are hereby consolidated with the lead file being E378 of 2023
- 2.That Cause E378 of 2023 shall be the lead file and the suits as consolidated shall be heard and determined before the Court E378 of 2023 is allocated in the Claims and Labour Relations Division
- 3.Parties to take appropriate steps in view of the foregoing orders (1) and (2)
- 4.The costs of the application in the cause
- Jurisdiction invoked
- Inherent jurisdiction under section 3A and 63(e) of the Civil Procedure Act (cap 21) and Order 11 rule 3(h) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Esevwe v University of Nairobi (Cause E458 of 2022) [2023] KEELRC 3221 (KLR)", Case Analysis (2023). ELRC Cause E458 of 2022 and ELRC Cause E378 of 2023 (Nairobi) - consolidated; lead file E378 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3221/eng@2023-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.