REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO 2132 OF 2016 OSORE SAMMY MOHAN.......................................CLAIMANT VERSUS TONONOKA ROLLING MILLS LIMITED........RESPONDENT RULING 1. This application is generated by the Respondent’s application brought by Notice of Motion dated 15 th December 2016 seeking orders to strike out the Claimant’s claim. 2. The application which is supported by the affidavit of Lucy Kabura Nyaencha, Advocate sworn on 15th December 2016 is based on the ground that the Claimant has filed a similar claim being Nairobi ELRC No 348 of 2016 which is pending before the Court. 3. In her affidavit, Counsel depones that the Claimant herein has filed another claim based on the same grounds through the firm of Mugendi Karigi & Company Advocates. She adds that prior to filing the Memorandum of Defence her firm had notified the Claimant’s Advocates on record of the existence of another similar claim. 4. The Claimant did not respond to the application in spite of due notice. 5. I have looked at the Claimant’s claim in this case alongside his claim in Cause No 348 of 2016 and find that the two claims are based on the same set of facts. The present claim is therefore an abuse of the court process and is struck out with no order for costs. 6. It is so ordered. DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 17 TH DAY OF MARCH 2017 LINNET NDOLO JUDGE Appearance: No appearance for the Claimant Mrs. Nyaencha for Respondent
Original judgment
Osore Sammy Mohan v Tononoka Rolling Mills Limited [2017] KEELRC 1611
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