[2021] KEELRC 1570 (KLR)
The court found that the respondent's defence was filed within the statutory time limits, as the computation of time properly excluded the relevant public holidays (10th October and 20th October). Therefore, the defence is validly on record. The claimant's preliminary objection, which sought to have the matter...
Source-derived case information.
- Citation
- [2021] KEELRC 1570 (KLR)
- Parties
- Claimant: Hezron Ojilo Mung’au; Respondent: Brinks Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 567 of 2016
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled
- Judges
- AN Makau
- Legal Topics
- Undefended Cause, Filing of Defence, Reckoning of Time, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Ojilo Mung’au
Claimant
Brinks Security Services Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the respondent's defence was filed within the statutory time limits.
- 2 Whether the matter should proceed as an undefended cause due to alleged late filing of defence.
- 3 Whether the preliminary objection by the claimant should be upheld.
Ratio Decidendi
The court found that the respondent's defence was filed within the statutory time limits, as the computation of time properly excluded the relevant public holidays (10th October and 20th October). Therefore, the defence is validly on record. The claimant's preliminary objection, which sought to have the matter proceed as an undefended cause, was overruled. The court held that the statutory requirements for filing a defence had been met by the respondent, and there was no basis to treat the matter as undefended.
Court Disposition
preliminary objection overruled
Orders
- The preliminary objection by the claimant is overruled.
- The defence filed by the respondent is validly on record.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 567 OF 2016
HEZRON OJILO MUNG’AU...................................................................CLAIMANT
VERSUS
BRINKS SECURITY SERVICES LIMITED....................................RESPONDENT
RULING
1. The Claimant seeks to have matter closed and the case proceeds to submission. It is so as the Counsel for Claimant asserts the Cause was directed to proceed as undefended cause on 8th October 2018. He argues that having not filed a defence from the time suit was filed in 2016, it was incompetent for the case would proceed as undefended.
2. As the case was before Court on 8th October 2018, the 14 days were to lapse on 24th October 2018 since 10th October 2018 and 20th October 2018 were excluded in the reckoning of time being public holidays – one for service to humanity and the other being Mashujaa Day. As defence was filed within the statutory limits of the Court it is validly on record. The Preliminary Objection is overruled.
It is so ordered.
Dated and delivered at Nairobi this 20th day of January 2021
Nzioki wa Makau
JUDGE
I certify that this is
A