[2021] KEELRC 1981 (KLR)
The court found that both parties contributed to the delay: the claimant by being absent and the respondent by late filing and absence of counsel. However, since the respondent's representative appeared and explained the situation, and considering the overall interests of justice, the court granted a final...
Source-derived case information.
- Citation
- [2021] KEELRC 1981 (KLR)
- Parties
- Claimant: Isaack Ng'ang'a; Respondent: Network for Water & Sanitation International
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 891 of 2016
- Procedural Posture
- Employment Cause / Ruling on Adjournment
- Outcome
- adjournment granted; final warning issued
- Judges
- AN Makau
- Legal Topics
- Adjournment of Hearing, Non Attendance, Costs in Employment Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Ng'ang'a
Claimant
Network for Water & Sanitation International
Respondent
Procedural Posture
Employment Cause / Ruling on Adjournment
Legal Issues
- 1 Whether the case should be dismissed for non-attendance by the claimant.
- 2 Whether the respondent's late filing of documents and absence warranted costs or sanctions.
- 3 Whether an adjournment should be granted in the circumstances.
Ratio Decidendi
The court found that both parties contributed to the delay: the claimant by being absent and the respondent by late filing and absence of counsel. However, since the respondent's representative appeared and explained the situation, and considering the overall interests of justice, the court granted a final adjournment. The court emphasized that this would be the last adjournment and that Ministry of Health guidelines must be observed. No costs were imposed at this stage, but the court warned against further delays or sharp practice.
Court Disposition
adjournment granted; final warning issued
Orders
- The hearing is adjourned to 22nd June, 2021 at 9.00 am for in person hearing.
- Ministry of Health guidelines must be observed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 891 OF 2016
ISAACK NG’ANG’A................................................CLAIMANT
VERSUS
NETWORK FOR WATER & SANITATION
INTERNATIONAL.............................................RESPONDENT
RULING
1. It is unfortunate the Claimant is absent in Court as his case could well be dismissed for non-attendance. Counsel for the Claimant took a very risky gamble by assuming that the request by the Respondent’s Advocate was sufficient to allow for the adjournment.
2. The Respondent cheekily filed additional documents late last evening and as a result propelled the current scenario. They are also absent in Court perhaps in the comfort that Claimant is unavailable. The Court deprecates such sharp practice.
3. The case was delayed as a consequence of the unavailability of the Claimant and the Respondent’s Counsel. To the Respondent’s benefit, Mr. Robert Njoroge Ngare has made it to Court and articulated the problems it has had in getting its advocate who is said to be unwell. That in my view in what has save the Respondent from being mulcted in costs.
4. As the hearing has now aborted, the Court will grant the very last adjournment to the Parties and order an in person hearing on 22nd June, 2021 at 9. 00 am. Ministry of Health guidelines must be observed. There will be no further adjournment.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF MARCH 2021
Nzioki wa Makau
JUDGE