[2023] KEELRC 2929 (KLR)
The court found that the applicant's absence was due to poor internet connectivity, which constituted sufficient cause for non-attendance. In the interests of justice, the court determined that the applicant should be allowed to prosecute the chamber summons seeking substitution of parties. The motion for...
Source-derived case information.
- Citation
- [2023] KEELRC 2929 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union (KNPSWU); Respondent: Factory Guards Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 941 of 2018
- Procedural Posture
- Cause / Ruling on Application for Reinstatement of Dismissed Motion
- Outcome
- Application for reinstatement of the dismissed motion allowed.
- Judges
- Nzioki wa Makau
- Legal Topics
- Reinstatement of Application, Non Attendance, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya National Private Security Workers Union (KNPSWU)
Applicant
Factory Guards Limited
Respondent
Procedural Posture
Cause / Ruling on Application for Reinstatement of Dismissed Motion
Legal Issues
- 1 Whether the application to reinstate the motion dismissed for non-attendance should be allowed.
- 2 Whether the interests of justice require reinstatement to allow the applicant to prosecute the chamber summons.
Ratio Decidendi
The court found that the applicant's absence was due to poor internet connectivity, which constituted sufficient cause for non-attendance. In the interests of justice, the court determined that the applicant should be allowed to prosecute the chamber summons seeking substitution of parties. The motion for reinstatement was therefore allowed, and directions for disposal of the chamber summons were to be given.
Court Disposition
Application for reinstatement of the dismissed motion allowed.
Orders
- The motion seeking reinstatement of the application previously dismissed is allowed.
- Directions to be given on the disposal of the chamber summons application.
Full Case Text
Judgment text and source record
17 paragraphs
Kenya National Private Security Workers Union (KNPSWU) v Factory Guards Limited (Cause 941 of 2018) [2023] KEELRC 2929 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 2929 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 941 of 2018
Nzioki wa Makau, J
November 16, 2023
Between
Kenya National Private Security Workers Union (Knpswu)
Claimant
and
Factory Guards Limited
Respondent
Ruling
1. The Applicant seeks to have the motion of 10th November 2022 which was dismissed for non-attendance be reinstated. That application had sought the striking out of the Claimant from the suit and substituting the said Claimant with the Grievant Mr. Damian Muriithi Kirimi. The motion was not opposed and Ruling was reserved for today.
2. The Applicant was absent on 28th February 2023 when the motion was initially set for hearing. He blames poor internet connectivity and seeks the reinstatement of his chamber summons. The tenor of the Chamber Summons is reproduced in the preceding paragraph and it is in the interests of justice that the motion to reinstate be allowed so as to allow the Applicant articulate his chamber summons. In the premises I will allow the motion seeking reinstatement of the application previously dismissed and will hereafter give directions on the disposal of the Chamber Summons application.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF NOVEMBER 2023NZIOKI WA MAKAUJUDGE