[2021] KEELRC 922 (KLR)

[2021] KEELRC 922 (KLR)

The court held that since the respondent/applicant's motion and supporting documents were not paid for, there was no valid motion before the court. The documents were therefore struck out, and the respondent/applicant was ordered to pay the costs of the responses filed by the claimant. The court emphasized that...

Source-derived case information.

Citation
[2021] KEELRC 922 (KLR)
Parties
Respondent: John Kabiru; Applicant: Agricultural Society of Kenya
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 178 of 2019
Procedural Posture
Cause / Ruling on Preliminary Application
Outcome
Application struck out for non-payment of filing fees.
Judges
AN Makau
Legal Topics
Court Filing Requirements, Payment of Filing Fees
Source Language
en
Employment and Labour Court Filing Requirements Payment of Filing Fees

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Summary, issues, holding and outcome

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Parties

John Kabiru

Respondent

Agricultural Society of Kenya

Applicant

Procedural Posture

Cause / Ruling on Preliminary Application

Legal Issues

  1. 1 Whether the respondent/applicant's motion is properly before the court despite non-payment of filing fees.
  2. 2 Whether documents filed without payment of requisite court fees can be considered by the court.

Ratio Decidendi

The court held that since the respondent/applicant's motion and supporting documents were not paid for, there was no valid motion before the court. The documents were therefore struck out, and the respondent/applicant was ordered to pay the costs of the responses filed by the claimant. The court emphasized that payment of filing fees is a mandatory requirement for court documents to be considered, and failure to comply renders such documents invalid and subject to being struck out.

Court Disposition

Application struck out for non-payment of filing fees.

Orders

  • The respondent/applicant's motion and supporting documents are struck out for non-payment of filing fees.
  • The respondent/applicant shall meet the costs of the responses filed by the claimant.