REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA AT NAIROBI CAUSE NO. 1722 OF 2011 DAVID MWANGI GIOKO & 50 OTHERS......................CLAIMANTS VERSUS NAIROBI CITY & WATER SEWERAGE....................RESPONDENT RULING 1. The Claimants’ have sought the settling of the terms of the decree of this court. The Respondent is opposed and filed a replying affidavit sworn by Judy Gitaari the Legal Coordinator of the Respondent. It is clear that the court (Rika J.) awarded some relief to the Claimants on 28th January 2014. The Claimants preferred an appeal being Civil Appeal No. 66 of 2014 before the Court of Appeal. That appeal is still pending before the Court of Appeal and it is the Appellants (Claimants) who instigated the appeal. As such, this court lacks jurisdiction to entertain the matter before it as the Court of Appeal is seized of the case. In the premises I will dismiss the reference to court by the Claimants herein with costs to the Respondent. It is so ordered. Dated and delivered at Nairobi this 4th day of December 2017 Nzioki wa Makau JUDGE
Original judgment
David Mwangi Gioko & 50 others v Nairobi City & Water Sewerage [2017] KEELRC 22
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