[2024] KEELRC 13318 (KLR)
The court found that the appellant failed to comply with its order to file the record of appeal within 30 days from the ruling delivered on 31st July 2024. There was no evidence of diligence or steps taken by the appellant to pursue the appeal. In accordance with the prior ruling, the stay of proceedings was...
Source-derived case information.
- Citation
- [2024] KEELRC 13318 (KLR)
- Parties
- Appellant: Lawrence Macharia Karanja & Harrison Kahiga Waitindi t/a Mirugi Kariuki & Co Advocates; Respondent: Samuel Njoroge Kabue
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E009 of 2024
- Procedural Posture
- Civil Appeal / Order on Lapse of Stay and Directions for Suit to Proceed
- Outcome
- Stay of proceedings lapsed due to non-compliance; suit to proceed to conclusion.
- Judges
- AN Mwaure
- Legal Topics
- Appeal Record Filing, Stay of Proceedings, Compliance With Court Orders, Virtual Judgment Delivery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Macharia Karanja & Harrison Kahiga Waitindi t/a Mirugi Kariuki & Co Advocates
Appellant
Samuel Njoroge Kabue
Respondent
Procedural Posture
Civil Appeal / Order on Lapse of Stay and Directions for Suit to Proceed
Legal Issues
- 1 Whether the appellant complied with the court's order to file the record of appeal within the stipulated period.
- 2 Whether the stay of proceedings should lapse due to non-compliance with the court's directions.
Ratio Decidendi
The court found that the appellant failed to comply with its order to file the record of appeal within 30 days from the ruling delivered on 31st July 2024. There was no evidence of diligence or steps taken by the appellant to pursue the appeal. In accordance with the prior ruling, the stay of proceedings was conditional upon timely filing of the record of appeal. As the appellant defaulted, the stay automatically lapsed. The court emphasized the necessity of compliance with its orders for the proper administration of justice and directed that the suit proceed to its logical conclusion. The court also noted the ongoing use of virtual delivery of judgments and the waiver of technical...
Court Disposition
Stay of proceedings lapsed due to non-compliance; suit to proceed to conclusion.
Orders
- The stay of proceedings granted by the ruling dated 31st July 2024 is declared lapsed.
- The suit may proceed to its logical conclusion.
Full Case Text
Judgment text and source record
18 paragraphs
Karanja & Waitindi t/a Mirugi Kariuki & Co Advocates v Kabue (Civil Appeal E009 of 2024) [2024] KEELRC 13318 (KLR) (3 December 2024) (Order)
Neutral citation: [2024] KEELRC 13318 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Civil Appeal E009 of 2024
AN Mwaure, J
December 3, 2024
Between
Lawrence Macharia Karanja & Harrison Kahiga Waitindi t/a Mirugi Kariuki & Co Advocates
Appellant
and
Samuel Njoroge Kabue
Respondent
(Being an appeal from Orders made on 6th February, 2024 by Hon. P. Ndege (SRM) in Nakuru CM ELRC No. E160 of 2023 Samuel Njoroge Kabue V Lawrence Macharia Karanja & Another t/a Mirugi Kariuki & Co. Advocates) and pursuant to leave granted on the same appeal)
Order
1. The Ruling was delivered by this Honourable Court on 31st July 2024 and appellants were given 30 days to file their record of appeal and in default the stay proceedings were to lapse. Since then the same has not been filed and there is no evidence that the appellant has been diligent in following the proceedings in order to file the record of appeal.
2. Since court orders must be obeyed and complied with the court orders that as per the ruling dated 3rd July 2024 the stay of proceedings will now lapse.The suit can proceed to its logic conclusion.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAKURU THIS 3RD DAY OF DECEMBER, 2024. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE