Sierra Flora v Kenya Planation & Agriculture Workers Union (Cause E078 of 2025) [2026] KEELRC 234 (KLR) (23 January 2026) (Order)

Sierra Flora v Kenya Planation & Agriculture Workers Union (Cause E078 of 2025) [2026] KEELRC 234 (KLR) (23 January 2026) (Order) Neutral citation: [2026] KEELRC 234 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause E078 of 2025 AN Mwaure, J January 23, 2026 Between Sierra Flora Applicant and Kenya Planation & Agriculture Workers Union Respondent Order 1.The Respondent has filed an application dated 15th December 2025 and there are interim orders granted by Justice Rika. 2.The parties including the Applicant should obey the court orders for Respondents not to continue with the strike and the employers not to take any disciplinary action against the employees until the matter is finalised. 3.The Respondent is given 14 days to file their submissions to their application and the Applicant has 14 days of service to file their submissions as well and replying affidavit. Case will be mentioned on 16.2.2026 to confirm compliance and to give a Ruling date Applicant to be served with mention notice. (He is present). Final Order 4.The Applicants are ordered to obey court order that no disciplinary action should be taken against the employees until the matter is determined. The letters of dismissal of three shop stewards should be retracted until the matter is determined. **DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 23 RD DAY OF JANUARY 2026.****ANNA NGIBUINI MWAURE****JUDGE****Order** In view of the declaration of measures restricting Court operations due to the Covid-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.**ANNA NGIBUINI MWAURE****JUDGE**