[2021] KEELRC 947 (KLR)
The court found that the failure to attend the hearing was not solely attributable to the Claimant, as the Respondent was also absent. In the interest of justice and procedural fairness, the court exercised its discretion to reinstate the suit, allowing the matter to proceed to hearing. The court further held that...
Source-derived case information.
- Citation
- [2021] KEELRC 947 (KLR)
- Parties
- Applicant: Geoffrey Omboko Owuor; Respondent: The Kenya Power & Lighting Co. Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E431 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement After Dismissal for Non Attendance
- Outcome
- suit reinstated
- Judges
- AN Makau
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Omboko Owuor
Applicant
The Kenya Power & Lighting Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement After Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be reinstated after dismissal for non-attendance.
- 2 Whether the error in non-attendance is attributable to either party.
Ratio Decidendi
The court found that the failure to attend the hearing was not solely attributable to the Claimant, as the Respondent was also absent. In the interest of justice and procedural fairness, the court exercised its discretion to reinstate the suit, allowing the matter to proceed to hearing. The court further held that no order as to costs was appropriate since the error was not attributable to either party.
Court Disposition
suit reinstated
Orders
- The suit is reinstated.
- Directions to issue on the next step, specifically the hearing date for the matter.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. E431 OF 2020
GEOFFREY OMBOKO OWUOR..........................................CLAIMANT
VERSUS
THE KENYA POWER &LIGHTING CO. LIMITED....RESPONDENT
RULING
1. The Claimant/Applicant seeks through the notice of motion application dated 4th June 2021 for the reinstatement of the suit which was dismissed for non-attendance. The evidence adduced suggests that the error in failing to attend the hearing cannot be entirely attributable to the Claimant as even the Respondent was absent. There is no need to delve into the authorities cited or the arguments advanced. As the suit can be reinstated it is so reinstated with directions to issue on the next step – to wit – the hearing date for the matter. The motion shall have no order as to costs since the error in not attending is non-attributable to either party.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF SEPTEMBER, 2021
NZIOKI WA MAKAU
JUDGE