[2018] KEELRC 541 (KLR)
The court found that the respondent was properly served with a hearing notice and had legal representation but chose not to attend the hearing. The registrar's notice did not excuse the respondent's absence, as the hearing notice was clear and the respondent was aware of the proceedings. The court held that there...
Source-derived case information.
- Citation
- [2018] KEELRC 541 (KLR)
- Parties
- Claimant: KUDHEIHA Workers; Respondent: B.O.M Kibirigwi Health Center
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 37 of 2017
- Procedural Posture
- Employment Cause / Ruling on Application to Set Aside Judgment
- Outcome
- application dismissed with costs to the claimant; execution may proceed
- Judges
- AN Makau
- Legal Topics
- Setting Aside Judgment, Right to Be Heard, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KUDHEIHA Workers
Claimant
B.O.M Kibirigwi Health Center
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Set Aside Judgment
Legal Issues
- 1 Whether the judgment should be set aside for lack of opportunity to defend by the respondent.
- 2 Whether proper service of hearing notice was effected on the respondent.
- 3 Whether the respondent's absence was justified by the registrar's notice or election year circumstances.
Ratio Decidendi
The court found that the respondent was properly served with a hearing notice and had legal representation but chose not to attend the hearing. The registrar's notice did not excuse the respondent's absence, as the hearing notice was clear and the respondent was aware of the proceedings. The court held that there was no procedural irregularity or denial of the right to be heard. The excuse of the election year was rejected as irrelevant to the administration of justice. Therefore, the application to set aside the judgment was without merit and was dismissed with costs to the claimant.
Court Disposition
application dismissed with costs to the claimant; execution may proceed
Orders
- The application to set aside judgment is dismissed with costs to the claimant.
- Execution may proceed on the judgment and decree issued in July 2018.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 37 OF 2017
KUDHEIHA WORKERS......................................CLAIMANT
VERSUS
B.O.M KIBIRIGWI HEALTH CENTER........RESPONDENT
RULING
1. The Respondent seeks to set aside Judgment. It applies that the said Judgment be set aside as the Respondent was not accorded opportunity to defend itself. That cannot be further from the truth. Respondent had a buffet of Lawyers to select from and gave instructions to two Lawyers to appear. Consequent to appear once directions were taken and a hearing date set. The Respondent applies that they were prejudiced by the notice of the Registrar indicating the cases scheduled for hearing on the 5th of May 2018 would not be heard. The matter proceeded at Meru in absence of the Respondent who was duly served through the Hearing Notice dated 21st March 2018. The Respondent therefore failed to attend Court not because of the notice but because it disregarded the hearing duly served upon it. I do not discern any reason why the Judgment of the Court should be set aside as it was entered procedurally and after according the Respondent opportunity to present evidence which the Respondent declined to do.
2. The excuse that 2017 was an election year does not curry favour with Court as elections come and go but the wheels of justice grind. The Application is thus not merited and is dismissed with costs to the Claimant. Execution may proceed on the Judgment and Decree of the Court issued in July 2018.
It is so ordered.
Dated and delivered at Nyeri this 15th day of November 2018
Nzioki wa Makau
JUDGE