[2017] KEELRC 625 (KLR)
The court found that the respondent's advocates failed to diligently serve the application to cease acting on all parties as directed by the court. The explanation provided for the failure to serve was inadequate, as it was the responsibility of the advocates on record to ensure compliance with court orders and...
Source-derived case information.
- Citation
- [2017] KEELRC 625 (KLR)
- Parties
- Claimant: George Omondi Otieno; 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 621 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Cease Acting
- Outcome
- application dismissed with costs to the claimant
- Judges
- MSA Makhandia
- Legal Topics
- Application to Cease Acting, Service of Process, Court Practice and Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Omondi Otieno
Claimant
Good Bread Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application 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 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 directed by the court. The explanation provided for the failure to serve was inadequate, as it was the responsibility of the advocates on record to ensure compliance with court orders and procedural rules. The court emphasized that proper service of applications is a fundamental requirement, and non-compliance cannot be excused by internal miscommunication within the advocate's firm. Consequently, the court dismissed the application with costs to the claimant for want of diligent prosecution and failure to adhere to procedural requirements.
Court Disposition
application dismissed with costs to the claimant
Orders
- The motion dated 6 April 2017 is dismissed with costs to the claimant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 621 OF 2014
GEORGE OMONDI OTIENO 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 defendant.
2. THATthe costs of this application be provided for.
2. When the application was placed before Court on 19 July 2017, the Respondent 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 (Ms. Kerubo) had not currently 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 Ms. Cheruto instructed by Ndeda & Associates
For Respondent Mr. Momanyi instructed by Jackson Omwenga & Co. Advocates
Court Assistants Nixon/Martin