[2021] KEELRC 513 (KLR)
The court acknowledged that the respondent filed their supplementary bundle of documents long after the close of pleadings and without leave, admonishing the respondent for the delay. However, invoking Section 14(9) of the Employment and Labour Relations Court (Procedure) Rules, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2021] KEELRC 513 (KLR)
- Parties
- Applicant: Lilian Kageha Omoke and Others; Respondent: Style Industries Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1283 of 2017
- Procedural Posture
- Employment Cause / Ruling on Admissibility of Documents Post Close of Pleadings
- Outcome
- Respondent's supplementary bundle of documents dated 27th February, 2020 admitted; case referred to Deputy Registrar for hearing date.
- Judges
- AN Mwaure
- Legal Topics
- Admissibility of Documents, Supplementary Bundle of Documents, Court Discretion, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Kageha Omoke and Others
Applicant
Style Industries Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Admissibility of Documents Post Close of Pleadings
Legal Issues
- 1 Whether the respondent's bundle of documents filed after the close of proceedings without leave of court should be admitted.
- 2 Whether the court should exercise its discretion to allow late filing in the interests of justice.
Ratio Decidendi
The court acknowledged that the respondent filed their supplementary bundle of documents long after the close of pleadings and without leave, admonishing the respondent for the delay. However, invoking Section 14(9) of the Employment and Labour Relations Court (Procedure) Rules, the court exercised its discretion to admit the documents in the interests of justice. The court emphasized that such conduct would not be tolerated in the future and warned parties to file their pleadings and documents within prescribed timelines, or risk exclusion. The court further referenced constitutional and statutory provisions supporting the use of technology and the avoidance of undue technicalities in...
Court Disposition
Respondent's supplementary bundle of documents dated 27th February, 2020 admitted; case referred to Deputy Registrar for hearing date.
Orders
- The respondent's bundle of documents dated 27th February, 2020 is admitted as duly filed.
- Case is referred to the Deputy Registrar on 23rd November, 2021 to take another hearing date.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1283 OF 2017
(Before Hon. Lady Justice Anna Ngibuini Mwaure)
LILIAN KAGEHA OMOKE AND OTHERS..................................................CLAIMANTS
VERSUS
STYLE INDUSTRIES LIMITED................................................................. RESPONDENT
RULING
The issue in question is admissibility of a bundle of documents filed by the Respondents advocates on 27th February, 2020 after the close of the proceedings. The same were filed without the leave of the court.
The court has observed this is an old case of 2017 and the parties have had ample time to file all their pleadings and documents. It is unfortunate the Respondent has filed his bundle of documents in 2020 long after they filed their response on 28th February, 2018. In that regard, the Respondent is duly admonished by the court.
Having said so and in the interests of justice the court will allow the Respondent’s bundle of documents dated 27th February, 2020 as duly filed as provided in Section 14 (9) of the Employment and Labour Relations Rules which provide as follows’-
Provided that after close of pleadings the court mayallow filing of supplementary bundle of documents”.
This behavior will however not be practiced in this court and any party that fails to put their pleadings and documents in time will be locked out at their inconvenience.
Case is referred to the Deputy Registrar on 23rd November, 2021 to take another hearing date.
DELIVERED, DATED AND SIGNED IN NAIROBI 11TH DAY OF NOVEMBER, 2021.
ANNA NGIBUINI MWAURE
JUDGE
ORDER
In 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 1Bof 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 MWAURE
JUDGE