[2025] KEELRC 352 (KLR)
The court found that the delay in filing the witness statement and consent was satisfactorily explained by the illness of the Claimants' counsel. The Respondent did not oppose the application and would not suffer any prejudice if the documents were admitted out of time. In the interests of justice and to facilitate...
Source-derived case information.
- Citation
- [2025] KEELRC 352 (KLR)
- Parties
- Applicant: Nimrod Masika; Applicant: Vincent Busha; Applicant: Dennis Ratemo; Applicant: Francis Kabui; Applicant: Patrick Kingoo; Applicant: Naftal Oriaso; Applicant: Peter Orina; Applicant: Paul Waithaka; Applicant: Samiu Hasan; Applicant: Samwel Mwachaka; Applicant: John Gakuo; Applicant: John Muriuki; Applicant: Pasirio Ireri; Applicant: Simon Nderitu; Applicant: Steward Onyuro; Applicant: Jared Ondara; Applicant: Calvin Nyanamba; Applicant: Geofrey Kadenge; Applicant: Robert Atura; Applicant: Patrick Inyanje; Applicant: Vincent Mulwa; Applicant: Peter Nguru; Applicant: Boniface Munayo; Applicant: Maxwell Wanyiri; Applicant: Fredrick Mukhwana; Applicant: Peter Gitonga; Applicant: Kennedy Musundi; Respondent: Crown Beverages Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 694 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Witness Statement and Consent Out of Time
- Outcome
- application allowed
- Judges
- L Ndolo
- Legal Topics
- Late Filing of Documents, Witness Statements, Court Discretion, Adjournment, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nimrod Masika
Applicant
Vincent Busha
Applicant
Dennis Ratemo
Applicant
Francis Kabui
Applicant
Patrick Kingoo
Applicant
Naftal Oriaso
Applicant
Peter Orina
Applicant
Paul Waithaka
Applicant
Samiu Hasan
Applicant
Samwel Mwachaka
Applicant
John Gakuo
Applicant
John Muriuki
Applicant
Pasirio Ireri
Applicant
Simon Nderitu
Applicant
Steward Onyuro
Applicant
Jared Ondara
Applicant
Calvin Nyanamba
Applicant
Geofrey Kadenge
Applicant
Robert Atura
Applicant
Patrick Inyanje
Applicant
Vincent Mulwa
Applicant
Peter Nguru
Applicant
Boniface Munayo
Applicant
Maxwell Wanyiri
Applicant
Fredrick Mukhwana
Applicant
Peter Gitonga
Applicant
Kennedy Musundi
Applicant
Crown Beverages Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Witness Statement and Consent Out of Time
Legal Issues
- 1 Whether the Claimants should be granted leave to file their witness statement and consent to testify out of time.
- 2 Whether the delay in filing was excusable and whether the Respondent would suffer prejudice if leave is granted.
Ratio Decidendi
The court found that the delay in filing the witness statement and consent was satisfactorily explained by the illness of the Claimants' counsel. The Respondent did not oppose the application and would not suffer any prejudice if the documents were admitted out of time. In the interests of justice and to facilitate the fair determination of the main claim, the court exercised its discretion to allow the late filing of the witness statement and consent. The further witness statement and consent were admitted as duly filed, and the costs of the application were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Leave is granted to the Claimants to file their witness statement and consent to testify out of time.
- The further witness statement signed by the 12th Claimant, Geoffrey Kadenge, and the consent to swear and testify are admitted as duly filed.
Full Case Text
Judgment text and source record
73 paragraphs
Masika & 26 others v Crown Beverages Limited (Cause 694 of 2017) [2025] KEELRC 352 (KLR) (13 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 352 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 694 of 2017
L Ndolo, J
February 13, 2025
Between
Nimrod Masika
1st Claimant
Vincent Busha
2nd Claimant
Dennis Ratemo
3rd Claimant
Francis Kabui
4th Claimant
Patrick Kingoo
5th Claimant
Naftal Oriaso
6th Claimant
Peter Orina
7th Claimant
Paul Waithaka
8th Claimant
Samiu Hasan
9th Claimant
Samwel Mwachaka
10th Claimant
John Gakuo
11th Claimant
John Muriuki
12th Claimant
Pasirio Ireri
13th Claimant
Simon Nderitu
14th Claimant
Steward Onyuro
15th Claimant
Jared Ondara
16th Claimant
Calvin Nyanamba
17th Claimant
Geofrey Kadenge
18th Claimant
Robert Atura
19th Claimant
Patrick Inyanje
20th Claimant
Vincent Mulwa
21st Claimant
Peter Nguru
22nd Claimant
Boniface Munayo
23rd Claimant
Maxwell Wanyiri
24th Claimant
Fredrick Mukhwana
25th Claimant
Peter Gitonga
26th Claimant
Kennedy Musundi
27th Claimant
and
Crown Beverages Limited
Respondent
Ruling
1. This ruling determines the Notice of Motion dated 21st November 2023, by which the Claimants seek leave to file their witness statement and consent to swear and testify, out of time.
2. The Motion is supported by an affidavit sworn by the Respondent’s Counsel, Duncan Oketch and is founded on the following grounds:a.That the main claim came up for hearing on 29th May 2023;b.That the hearing could not proceed as there was no witness statement or consent to swear/testify filed on behalf of the Claimants;c.That the hearing was adjourned and the Court directed the Claimants to file the said documents within 14 days;d.That Counsel with personal conduct of the matter was taken ill shortly thereafter and has been in and out of the office, sometimes for long periods of time;e.That the Respondent shall not suffer any prejudice if the application is allowed as prayed.
3. The application is not opposed and despite the delay in prosecuting it, I find and hold that the ends of justice would best be served by allowing the Claimants’ plea.
4. The further witness statement signed by the 12th Claimant, Geoffrey Kadenge, on 21st November 2023 and consent to swear and testify of even date are admitted as duly filed.
5. The costs of the application will be in the cause.
6. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 13TH DAY OF FEBRUARY 2025. LINNET NDOLOJUDGEAppearanceMr. Okatch for the ClaimantsNo appearance for the Respondent