A lawyer wants a judge to disqualify herself from a case where sacked employees have sued a sisal firm, saying there was a conflict of interest.
Bernard Kipkoech, representing Migotiyo Plantations Limited, wants Employment and Labour Relations Court judge Monicah Mbaru to quit the case because of a suit she has filed against his partner in another matter.
“We are seeking your disqualification over the case you have filed against my partner due to conflict of interest,” Mr Kipkoech said.
However, Ms Mbaru asked the lawyer to make a formal application before she could consider it. Kipkoech had made an oral request.
The case revolves around 324 employees who went on strike to protest the sacking of 20 of their colleagues. They refused to resume work to push for their colleagues’ reinstatement, claiming had been sacked unfairly.
However, Migotiyo Plantations Limited maintained the strike was illegal and unprotected under the law.
The company’s acting estate manager, Peter Kamau, said in a supporting affidavit they sent the striking workers memos to return to work but they declined.
Mr Kamau said they also issued the workers with letters indicating they would face disciplinary action but they reportedly refused refused to turn up when they were required to do so.
“We dismissed three hundred and twenty four (324) employees via letters dated May 21, 2016, in which we explained why they were being summarily dismissed,” Kamau’s affidavit reply read.
demanded DOCUMENTS
However, lawyer Judith Guserwa for Kenya Plantation and Agricultural Workers Union, demanded documents in the case that sparked off controversy over alleged conflict of interest.
She also wants an application for contempt against Migotiyo Human Resource Manager Lucy Njagi for the sackings that happened on May 21.
In response, Mbaru ruled: “I will hear the two applications before court. For the conflict of interest, file a formal application and I will be obliged to address it.”
Kipkoech said his clients were never served with orders in the contempt case. He also said court orders stopping the company from sacking the employees were overtaken by events.
He asked the judge to summon a Hebron Odhiambo, who reportedly served the orders, to explain to the court if indeed he delivered the summons.
Kipkoech said the person who was expected to serve the company with court orders was unable to do so due to insecurity. Kamau said he learnt about the court orders after their lawyer was served on June 13.
The case will heard on October 24.
