[2023] KEELRC 3319 (KLR)
The court recognized that the appellant may not have complied with the previous order to file the record of appeal due to illness and confusion regarding the status of the case. In the interest of justice and guided by constitutional and statutory provisions to avoid undue technicalities and promote access to...
Source-derived case information.
- Citation
- [2023] KEELRC 3319 (KLR)
- Parties
- Appellant: Agustus Munyao; Respondent: Halar Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E116 of 2022
- Procedural Posture
- Employment and Labour Cause / Ruling on Notice to Show Cause Regarding Appeal Record Filing
- Outcome
- Appellant granted further 45 days to file record of appeal; case to be mentioned for compliance confirmation.
- Judges
- AN Mwaure
- Legal Topics
- Appeal Record Filing, Notice to Show Cause, Court Compliance, Covid19 Court Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agustus Munyao
Appellant
Halar Industries Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Notice to Show Cause Regarding Appeal Record Filing
Legal Issues
- 1 Whether the appellant has complied with the court's order to file the record of appeal within the stipulated time.
- 2 Whether further time should be granted to the appellant to file the record of appeal.
Ratio Decidendi
The court recognized that the appellant may not have complied with the previous order to file the record of appeal due to illness and confusion regarding the status of the case. In the interest of justice and guided by constitutional and statutory provisions to avoid undue technicalities and promote access to justice, the court granted the appellant a further 45 days to file the record of appeal. The court also scheduled a mention date to confirm compliance and provide further directions, emphasizing the use of technology and procedural flexibility in the context of COVID-19 restrictions.
Court Disposition
Appellant granted further 45 days to file record of appeal; case to be mentioned for compliance confirmation.
Orders
- Appellant to file the record of appeal within 45 days from the date of the ruling.
- Case to be mentioned on February 26, 2024 to confirm compliance and give further directions.
Full Case Text
Judgment text and source record
20 paragraphs
Munyao v Halar Industries Ltd (Employment and Labour Relations Cause E116 of 2022) [2023] KEELRC 3319 (KLR) (21 December 2023) (Ruling)
Neutral citation: [2023] KEELRC 3319 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E116 of 2022
AN Mwaure, J
December 21, 2023
Between
Agustus Munyao
Claimant
and
Halar Industries Ltd
Respondent
Ruling
1. The honourable court had indicated it would deliver a ruling on notice to show cause why the appeal herein should not be dismissed.
2. However, there seems to be some confusion in the file as indeed on October 11, 2023 the Court had already delivered a ruling dismissing/deferring the notice to show cause and had ordered the appellant to file their record of appeal within 30 days.
3. It is not clear if he filed the same and he had actually said he was unwell the last time the case was before the court.
4. He is given a further 45 days to file the record of appeal. Case will be mentioned on February 26, 2024 to confirm compliance and give further directions on the proceedings of the appeal.
Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 21STDAY OF DECEMBER, 2023. ANNA NGIBUINI MWAUREJUDGEORDERIn 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 1B of 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 MWAUREJUDGE