[2021] KEELRC 673 (KLR)
The court determined that, although the claimants have had access to the 4th respondent's report since March 2020, denying them the opportunity to file additional affidavits could be perceived as denying them a fair hearing. To uphold the principles of justice and fairness, the court granted the claimants seven days...
Source-derived case information.
- Citation
- [2021] KEELRC 673 (KLR)
- Parties
- Applicant: Edward Githinji & 131 Others; Respondent: Kenya Medical Research Institute; Respondent: The Director, Kenya Medical Research Institute; Respondent: The Board of Management, Kenya Medical Research Institute; Respondent: Salaries Remuneration Commission; Respondent: Ministry of Health; Respondent: The Cabinet Secretary, National Treasury; Respondent: The Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1545 of 2018
- Procedural Posture
- Employment Cause / Interlocutory Ruling
- Outcome
- adjourned with directions for further affidavits and mention for fixing hearing date
- Judges
- AN Makau
- Legal Topics
- Affidavit Filing, Examination of Reports, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edward Githinji & 131 Others
Applicant
Kenya Medical Research Institute
Respondent
The Director, Kenya Medical Research Institute
Respondent
The Board of Management, Kenya Medical Research Institute
Respondent
Salaries Remuneration Commission
Respondent
Ministry of Health
Respondent
The Cabinet Secretary, National Treasury
Respondent
The Attorney General
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the claimants should be allowed additional time to file and serve further affidavits regarding the 4th respondent's report.
- 2 Whether proceeding without allowing further affidavits would amount to shutting out a party from justice.
Ratio Decidendi
The court determined that, although the claimants have had access to the 4th respondent's report since March 2020, denying them the opportunity to file additional affidavits could be perceived as denying them a fair hearing. To uphold the principles of justice and fairness, the court granted the claimants seven days to file and serve any further affidavits they may have. The court also noted that examination and cross-examination of the report is pending, as the 4th respondent has not yet mounted its defence. The matter was adjourned for mention and fixing of a hearing date, with the expectation that the case will be concluded expeditiously given its age.
Court Disposition
adjourned with directions for further affidavits and mention for fixing hearing date
Orders
- The claimants have 7 days to file and serve any additional affidavit they may have.
- The matter will be mentioned on 13th October 2021 for fixing of a hearing date.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1545 OF 2018
EDWARD GITHINJI & 131 OTHERS .............................................................CLAIMANTS
VERSUS
KENYA MEDICAL RESEARCH INSTITUTE....................................1ST RESPONDENT
THE DIRECTOR,
KENYA MEDICAL RESEARCH INSTITUTE.................................2ND RESPONDENT
THE BOARD OF MANAGEMENT,
KENYA MEDICAL RESEARCH INSTITUTE................................3RD RESPONDENT
SALARIES REMUNERATION COMMISSION.............................4TH RESPONDENT
MINISTRY OF HEALTH....................................................................5TH RESPONDENT
THE CABINET SECRETARY,
NATIONAL TREASURY....................................................................6TH RESPONDENT
THE ATTORNEY GENERAL...........................................................7TH RESPONDENT
RULING
1. As the 4th Respondent has maintained since the issue of the report came up on 9th June 2021, the 4th Respondent had filed report on 27th February 2021. The matter had proceeded in October and December 2019 before Radido J.
2. As the Claimants have all along had sight of the report from March 2020, it would seem the best course would be to proceed. However, so as not to be seen to be shutting out a party from the seat of justice, the Claimants have 7 days to file and serve any additional affidavit they may have, noting that examination and cross examination of the report is yet to take place as 4th Respondent is yet to mount its defence.
3. After the 7 days we will mention the case for fixing of a date as unfortunately the application by Mr. Jaoko dislodges the case from today’s hearing. It is unfortunate as the rest were ready today and it is hoped case will be concluded before end of this year since it is now creeping towards 4 years since it was filed. Mention as noted on 13th October, 2021.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF OCTOBER 2021
NZIOKI WA MAKAU
JUDGE