Ruth Moraa Abuga v The Last Village Cottages Ltd & 1 other

Abuga v Last Village Cottages Ltd & 2 others (Civil Case E015 of 2024) [2026] KEHC 5846 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 5846 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS CIVIL CASE E015 OF 2024 EN MAINA, J APRIL 30, 2026 BETWEEN RUTH MORAA ABUGA ........................................................................... PLAINTIFF AND THE LAST VILLAGE COTTAGES LTD ........................................ 1ST DEFENDANT THE LAST VILLAGE LIMITED .................................................... 2ND DEFENDANT AND KIPS TECHNICAL COLLEGE ............................................... INTERESTED PARTY RULING 1. Before me is the Plaintifi’s application dated 9th April 2025 seeking a stay of the proceedings in this suit pending hearing and determination of an appeal against the ruling of this court dated 27th March 2025 which transferred this suit to the Employment and Labour Relations Court (ELRC), for want of jurisdiction by this court. 2. I have carefully perused the pleadings of the parties and the rival submissions of learned Counsel for the parties. I have come to the considered opinion that having transferred the case to the Employment and Labour Relations Court (ELRC), and the Defendant/Applicant having appealed, I no longer have jurisdiction to handle the case and that this application should have been made either in the Employment and Labour Relations Court or in the Court of Appeal. In the premises, I shall down my tools and make no orders. The file shall be returned to the Employment and Labour Relations registry until such a time as there shall be further orders from the Employment and Labour Relations Court or the Court of Appeal. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5846/eng@2026-04-30 1

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