[2021] KEELRC 1322 (KLR)
The court determined that, in order to avoid unnecessary delay and to ensure that all relevant evidence is before the court, the respondent should be granted limited leave to file a second witness statement. However, to mitigate prejudice to the claimant and discourage unnecessary applications, the respondent is...
Source-derived case information.
- Citation
- [2021] KEELRC 1322 (KLR)
- Parties
- Claimant: Francis Mungai; Respondent: Kenya Year Book Editorial Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1269 of 2017
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Leave to File Additional Witness Statement and Adjournment
- Outcome
- Interlocutory application allowed in part; leave granted to respondent to file second witness statement; hearing adjourned; costs and adjournment fees awarded to claimant.
- Judges
- AN Makau
- Legal Topics
- Witness Statements, Case Management, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mungai
Claimant
Kenya Year Book Editorial Board
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Leave to File Additional Witness Statement and Adjournment
Legal Issues
- 1 Whether the respondent should be granted leave to file a second witness statement after the close of pleadings.
- 2 Whether the respondent should be allowed to serve additional evidence before the hearing date.
- 3 Whether the claimant is entitled to costs and adjournment fees due to the respondent's application.
Ratio Decidendi
The court determined that, in order to avoid unnecessary delay and to ensure that all relevant evidence is before the court, the respondent should be granted limited leave to file a second witness statement. However, to mitigate prejudice to the claimant and discourage unnecessary applications, the respondent is required to serve sufficient copies of the evidence at least 14 days before the hearing, and the claimant is awarded costs and adjournment fees. The hearing is deferred to a later date to accommodate these procedural steps.
Court Disposition
Interlocutory application allowed in part; leave granted to respondent to file second witness statement; hearing adjourned; costs and adjournment fees awarded to claimant.
Orders
- Respondent granted leave to file a second witness statement.
- Respondent to serve sufficient copies of evidence 14 days prior to hearing date.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1269 OF 2017
FRANCIS MUNGAI..........................................................CLAIMANT
VERSUS
KENYA YEAR BOOK EDITORIAL BOARD..............RESPONDENT
RULING
1. As the Respondent seeks to overturn a decision of the Court made during the last appearance and granted, the Claimant’s case is the only case that can be heard, in order to save judicial time being squandered through a series of applications and further mentions, I will grant the Respondent leave limited to purely filing the second witness statement and thereafter the Respondent if minded may formally present the Claimant with the evidence it hopes to rely on before filing it as contemplated in the Employment & Labour Relations Court (Procedure) Rules 2016 Rule 14(10).
2. The Respondent to ensure the copies are sufficient and served 14 days prior to the hearing date to permit the Claimant make any oral motion, to their rejection at the hearing. The hearing is thus deferred to 26th July 2021. The Respondent shall pay Claimant’s costs of today assessed at Kshs. 4,500/- plus Court adjournment fees of Kshs. 1,000/- before the expiry of 7 days. .
So ordered
Dated and delivered at Nairobi this 8th day of June 2021
NZIOKI WA MAKAU
JUDGE