[2016] KEELRC 1750 (KLR)
The Court found that while the Union's absence at the scheduled hearing could be excused due to the Deputy Registrar's failure to notify them as directed, the Union had a duty to diligently follow up on the status of its urgent application. The Court emphasized the need for expeditious determination of industrial...
Source-derived case information.
- Citation
- [2016] KEELRC 1750 (KLR)
- Parties
- Claimant: Kenya Plantation & Agricultural Workers Union; Respondent: Wilhan (K) Ltd; Respondent: Rift Valley Vegetables
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 313 of 2014
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Adjournment and Directions for Hearing
- Outcome
- Adjournment granted; new hearing date to be fixed; Union to pay costs of adjournment.
- Judges
- MSA Makhandia
- Legal Topics
- Adjournment of Hearing, Costs of Adjournment, Notification of Hearing Dates, Expeditious Trial, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Plantation & Agricultural Workers Union
Claimant
Wilhan (K) Ltd
Respondent
Rift Valley Vegetables
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Adjournment and Directions for Hearing
Legal Issues
- 1 Whether the Union's absence at the scheduled hearing was excusable given the lack of notification by the Deputy Registrar.
- 2 Whether costs for the adjournment should be borne by the Union.
- 3 What directions should be given for the expeditious hearing of the Cause.
Ratio Decidendi
The Court found that while the Union's absence at the scheduled hearing could be excused due to the Deputy Registrar's failure to notify them as directed, the Union had a duty to diligently follow up on the status of its urgent application. The Court emphasized the need for expeditious determination of industrial disputes, particularly those filed under certificate of urgency. As a result, the Court ordered that a new mutually convenient hearing date be fixed immediately and directed the Union to pay the costs occasioned by the adjournment, reinforcing the principle that parties must actively prosecute their cases and bear the consequences of delays, even if partially excusable.
Court Disposition
Adjournment granted; new hearing date to be fixed; Union to pay costs of adjournment.
Orders
- A mutually convenient hearing date to be fixed immediately after this ruling.
- The Union to pay forthwith the costs (adjournment) attendant to the hearing scheduled for 30 November 2015.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 313 OF 2014
KENYA PLANTATION & AGRICULTURAL
WORKERS UNION CLAIMANT
v
WILHAN (K) LTD 1st RESPONDENT
RIFT VALLEY VEGETABLES 2nd RESPONDENT
RULING NO. 2
The Kenya Plantation & Agricultural Workers Union (Union) moved Court under certificate of urgency on 14 July 2014 seeking several restraining orders against the Respondents.
The motion was dispensed with when the Court delivered a ruling on 18 December 2014.
Although the Union was aware of the date for ruling, it did not send a representative to take the ruling. The Respondent was represented by Ms. Wachira who held brief for Mr. Malebe.
Immediately after the ruling, the Court fixed the hearing for 30 November 2015, and the Deputy Registrar was directed to notify the Union of the hearing date.
Come 30 November 2015, Mr. Khisa, (a Union official) who is on record for the Union was not in Court. The Respondents were also not represented.
Mr. Muli, a Legal Officer with the Union informed the Court that he had seen the matter in the Cause list that morning and that Mr. Khisa was not aware that it was coming up for hearing. He sought another hearing date.
The Court directed that it would deliver a ruling today. This was to enable the Court go through the record.
There is nothing on file to suggest that the Deputy Registrar complied with the Court’s directive to notify the Union of the hearing date.
The Union’s failure to send a representative therefore may be excusable but it does not detract from the fact that had the Union been diligent and attended the delivery of the ruling, or made up follow up, it ought to have been appraised of the status of its claim.
It is always in the interest of justice and parties to litigation to ensure that suits are prosecuted and determined expeditiously and more so in cases such as the present one where industrial peace is a primary concern.
Expeditious determination of such disputes becomes even more imperative where a party moved to Court under certificate of urgency.
The Court therefore directs that a mutually convenient date be fixed immediately after the delivery of this ruling for the hearing of the Cause.
The Union to pay forthwith costs (adjournment) attendant to hearing which had been scheduled for 30 November 2015.
Delivered, dated and signed in Nakuru on this 5th day of February 2016.
Radido Stephen
Judge
Appearances
Kenya Plantation & Agricultural Workers Union Claimant
Wekesa & Simiyu Advocates for Respondents
Nixon Court Assistant