[2017] KEELRC 1528 (KLR)
The court found that it was unclear whether the hearing notice for the scheduled hearing was served on the parties. Given that the matter was part-heard before Ndolo J, the appropriate course was to place the file before her for further directions, rather than proceed in the absence of the parties or dismiss the...
Source-derived case information.
- Citation
- [2017] KEELRC 1528 (KLR)
- Parties
- Claimant: Michael Ireri; Respondent: Seyani Brothwers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause Cause1370 of 2012
- Procedural Posture
- Employment Cause / Interlocutory Ruling
- Outcome
- file to be placed before the judge who commenced hearing for directions
- Judges
- MSA Makhandia
- Legal Topics
- Hearing Notice Service, Adjournment of Hearing, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ireri
Claimant
Seyani Brothwers
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the hearing notice was properly served upon the parties.
- 2 Whether the matter should proceed in the absence of the parties.
- 3 Appropriate case management directions for a part-heard matter.
Ratio Decidendi
The court found that it was unclear whether the hearing notice for the scheduled hearing was served on the parties. Given that the matter was part-heard before Ndolo J, the appropriate course was to place the file before her for further directions, rather than proceed in the absence of the parties or dismiss the matter. This ensures fairness and proper case management, especially where the record does not confirm service of critical notices.
Court Disposition
file to be placed before the judge who commenced hearing for directions
Orders
- This file should be placed before Ndolo J for appropriate directions.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1370 OF 2012
MICHAEL IRERI CLAIMANT
v
SEYANI BROTHWERS RESPONDENT
RULING
1. This Cause was filed on 10 August 2012 and a Response was filed on 28 November 2012.
2. The Claimants case was taken on 9 May 2013 by Ndolo J but the Respondents case failed to take off on several occasions.
3. The Deputy Registrar of the Court issued a hearing notice on 8 March 2017, but when the Cause was called for hearing on 3 April 2017, the parties were absent. It is not clear from the file whether the hearing notice was served upon the parties.
4. Considering the Cause is part heard before Ndolo J, this file should be placed before her for appropriate directions.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Njaari Ngaruiya & Co. Advocates
For Respondent Kale Maina & Bundotich Advocates
Court Assistant Nixon