[2017] KEELRC 586 (KLR)
The court found that the respondent's advocates failed to diligently serve the application to cease acting on all parties as required by the court's directions and the rules of procedure. The explanation provided for the failure—miscommunication by an advocate holding brief—was not sufficient to excuse...
Source-derived case information.
- Citation
- [2017] KEELRC 586 (KLR)
- Parties
- Applicant: David Delewa Barua; Applicant: Mary Mukami Gicheru; Respondent: Good Bread Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 758 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application by Respondent's Advocates to Cease Acting
- Outcome
- application dismissed with costs to the claimants
- Judges
- MSA Makhandia
- Legal Topics
- Change of Advocates, Service of Process, Court Practice and Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Delewa Barua
Applicant
Mary Mukami Gicheru
Applicant
Good Bread Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application by Respondent's Advocates to Cease Acting
Legal Issues
- 1 Whether the respondent's advocates should be granted leave to cease acting for the respondent.
- 2 Whether the application to cease acting was properly served on all parties as required by court rules.
Ratio Decidendi
The court found that the respondent's advocates failed to diligently serve the application to cease acting on all parties as required by the court's directions and the rules of procedure. The explanation provided for the failure—miscommunication by an advocate holding brief—was not sufficient to excuse non-compliance. The court emphasized the importance of diligence and adherence to procedural requirements, particularly regarding service of applications. As a result, the court exercised its discretion to dismiss the application with costs to the claimants, reinforcing the principle that parties and their advocates must strictly comply with court orders and procedural rules.
Court Disposition
application dismissed with costs to the claimants
Orders
- The motion dated 6 April 2017 is dismissed with costs to the claimants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 758 OF 2014
DAVID DELEWA BARUA 1st CLAIMANT
MARY MUKAMI GICHERU 2nd CLAIMANT
v
GOOD BREAD KENYA LIMITED RESPONDENT
RULING
1. The Respondent filed a motion on 30 May 2017 seeking
1) THATthe firm of JACKSON OMWENGA & CO ADVOCATES be allowed and or leave be granted to cease acting for the respondent.
2) THATthe costs of this application be provided for.
2. When the application was placed before Court on 19 July 2017, the Respondent’s advocate informed the Court that the application had not been served. The Court directed that the application be served upon all the parties and scheduled hearing for 9 October 2017.
3. However, on 9 October 2017, it turned out that the firm of advocates on record for the Respondent had not served the Claimant and the Respondent.
4. The explanation given was that the advocate who held brief on 19 July 2017 (Mr. Ombeta) had not correctly relayed the orders/directions given by the Court.
5. In the view of the Court, the advocate on record for the Respondent has not been diligent in serving the application as required by the practices and rules of Court.
6. The Court therefore orders that the motion dated 6 April 2017 be dismissed with costs to the Claimant.
Delivered, dated and signed in Nakuru on this 13th day of October 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Oumo instructed by Korongo & Co. Advocates
For Respondent Mr. Momanyi instructed by Jackson Omwenga & Co. Advocates
Court Assistants Nixon/Martin