[2024] KEELRC 637 (KLR)
The court determined that it could not proceed to judgment due to the absence of the lower court file and the record of appeal, both of which are essential for a fair and informed determination of the appeal. Recognizing that the anomalies were not attributable to the appellant but possibly to his counsel and the...
Source-derived case information.
- Citation
- [2024] KEELRC 637 (KLR)
- Parties
- Appellant: Bett Beoffrey Kiprono; Respondent: Mogogosiek Tea Factory
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Appeal E003 of 2022
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Directions issued; appeal not struck out.
- Judges
- DN Nderitu
- Legal Topics
- Appeal Record Management, Missing Court File, Submissions Filing, Procedural Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bett Beoffrey Kiprono
Appellant
Mogogosiek Tea Factory
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the absence of the lower court file and record of appeal prevents the court from rendering judgment.
- 2 Whether the appeal should be struck out for procedural deficiencies not attributable to the appellant.
Ratio Decidendi
The court determined that it could not proceed to judgment due to the absence of the lower court file and the record of appeal, both of which are essential for a fair and informed determination of the appeal. Recognizing that the anomalies were not attributable to the appellant but possibly to his counsel and the court registry, the court exercised discretion in the interest of justice by refraining from striking out the appeal. Instead, the court issued directions to ensure that the necessary documents and submissions are placed on record within specified timelines, thereby safeguarding the appellant's right to be heard and ensuring procedural fairness.
Court Disposition
Directions issued; appeal not struck out.
Orders
- The Deputy Registrar shall ensure that the lower court trial file is availed and attached to this file within 7 days.
- Counsel for the appellant shall ensure that the record of appeal and all other materials, including submissions, are placed in the file within 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
Kiprono v Mogogosiek Tea Factory (Appeal E003 of 2022) [2024] KEELRC 637 (KLR) (20 March 2024) (Directions)
Neutral citation: [2024] KEELRC 637 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Appeal E003 of 2022
DN Nderitu, J
March 20, 2024
Between
Bett Beoffrey Kiprono
Appellant
and
Mogogosiek Tea Factory
Respondent
Directions
1. When the court retreated to write a judgment in this appeal, which is in a series of eight (8) appeals, I noted that the original trial lower court file is not enclosed or attached to this appeal file.
2. Efforts in calling out for the lower court trial file have yielded naught.
3. Further, probably due to mix-up in the files in the aforecited series, this appeal bears no record of appeal or submissions by counsel.
4. In the circumstances, it is not possible for this court to render a judgment in this appeal, hence the following directions –
i.Since the anomalies noted above are not attributable to the appellant but may to his counsel and the court registry, in the interest of justice, the court shall not take the draconian step of striking the appeal for being incompetent.ii.The Deputy Registrar shall ensure that the lower court trial file is availed and attached to this file within 7 days hereof.iii.Counsel for the appellant shall ensure that the record of appeal and all the other materials, including the purportedly filed submissions are placed in the file within 30 days hereof.iv.Counsel for the respondent to ensure that his written submissions are placed on record within 30 days hereof.v.Mention on 11th June, 2024 for further orders and or directions.
DELIVERED VIRTUALLY, DATED, AND SIGNED AT NAKURU THIS 20TH DAY OF MARCH, 2024. ..................................DAVID NDERITUJUDGE