[2021] KEELRC 1153 (KLR)

[2021] KEELRC 1153 (KLR)

The court found that, given the claimant's apprehension of possible evasion by the respondent and the respondent's assertion that it is still trading, it is in the interests of justice to fast track the hearing. This would ensure that judgment is delivered expeditiously and the claimant's concerns are addressed...

Source-derived case information.

Citation
[2021] KEELRC 1153 (KLR)
Parties
Applicant: Chrispas Egesa Mwai; Respondent: Radar Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1788 of 2017
Procedural Posture
Employment Cause / Interlocutory Ruling
Outcome
Hearing fast tracked; no adjournments to be granted.
Judges
AN Makau
Legal Topics
Fast Tracking Hearing, Apprehension of Evasion, Interlocutory Orders
Source Language
en
Employment and Labour Fast Tracking Hearing Apprehension of Evasion Interlocutory Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chrispas Egesa Mwai

Applicant

Radar Limited

Respondent

Procedural Posture

Employment Cause / Interlocutory Ruling

Legal Issues

  1. 1 Whether the hearing should be fast tracked due to the claimant's apprehension of evasion by the respondent.
  2. 2 Whether the respondent is still trading and if this affects the urgency of the matter.

Ratio Decidendi

The court found that, given the claimant's apprehension of possible evasion by the respondent and the respondent's assertion that it is still trading, it is in the interests of justice to fast track the hearing. This would ensure that judgment is delivered expeditiously and the claimant's concerns are addressed without unnecessary delay. The court exercised its discretion to set an early hearing date and directed that no adjournments would be granted, thereby safeguarding the integrity of the proceedings and the potential enforceability of any judgment issued.

Court Disposition

Hearing fast tracked; no adjournments to be granted.

Orders

  • Hearing scheduled for 27th July 2021 before any of the new ELRC Judges.
  • No adjournments to be granted.