[2024] KEELRC 1671 (KLR)
The court found that the application to set aside the ex-parte proceedings and orders was unopposed, as the respondent/petitioner failed to respond despite service. The applicant demonstrated that there was material non-disclosure by the petitioner, specifically the fact of her prior dismissal before filing the...
Source-derived case information.
- Citation
- [2024] KEELRC 1671 (KLR)
- Parties
- Petitioner: Lucy Wanjiku Musega; Respondent: Nairobi Water & Sewerage Co Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Petition E234 of 2023
- Procedural Posture
- Employment and Labour Petition / Ruling on Application to Set Aside Ex Parte Orders and for Leave to Be Heard
- Outcome
- application granted as prayed; ex-parte proceedings and orders set aside; leave granted to file pleadings; costs in the cause.
- Judges
- MN Nduma
- Legal Topics
- Ex Parte Orders, Setting Aside Orders, Right to Be Heard, Material Non Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wanjiku Musega
Petitioner
Nairobi Water & Sewerage Co Ltd
Respondent
Procedural Posture
Employment and Labour Petition / Ruling on Application to Set Aside Ex Parte Orders and for Leave to Be Heard
Legal Issues
- 1 Whether the ex-parte proceedings and orders should be set aside due to alleged material non-disclosure by the petitioner.
- 2 Whether the respondent/applicant should be granted leave to file necessary pleadings and be heard on the petition.
Ratio Decidendi
The court found that the application to set aside the ex-parte proceedings and orders was unopposed, as the respondent/petitioner failed to respond despite service. The applicant demonstrated that there was material non-disclosure by the petitioner, specifically the fact of her prior dismissal before filing the petition, which was not disclosed to the court. In the interests of justice and to uphold the right to be heard, the court set aside the ex-parte proceedings and orders and granted the respondent/applicant leave to file necessary pleadings and be heard on the application and petition. Costs were ordered to be in the cause.
Court Disposition
application granted as prayed; ex-parte proceedings and orders set aside; leave granted to file pleadings; costs in the cause.
Orders
- The ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024 are set aside.
- The respondent/applicant is granted leave to file necessary pleadings and be heard on the application and petition dated 8/12/2023.
Full Case Text
Judgment text and source record
19 paragraphs
Musega v Nairobi Water & Sewerage Co Ltd (Employment and Labour Relations Petition E234 of 2023) [2024] KEELRC 1671 (KLR) (27 June 2024) (Ruling)
Neutral citation: [2024] KEELRC 1671 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Petition E234 of 2023
MN Nduma, J
June 27, 2024
Between
Lucy Wanjiku Musega
Petitioner
and
Nairobi Water & Sewerage Co Ltd
Respondent
Ruling
1. The applicant in the application dated 7/3/2024 prays for an order in the following terms: -a.Spentb.Spentc.This honourable court be pleased to stay execution of the ex-parte ruling and order of 29/2/2024 pending hearing and determination of the petition dated 8/12/2023. d.This honourable court be pleased to set aside in their entirety the ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024. e.This honourable court be pleased to grant leave to the respondent/applicant to file the necessary pleadings and be heard on the application and petition dated 8/12/2023. f.The costs of this application be provided for
2. The gist of the application is that the respondent concealed material facts hence misled the court to make a ruling in which it issued ex-parte orders on 29/2/2024, in that the respondent/petitioner had already been dismissed from employment on 8/11/2023 before she filed this petition on 11/12/2023.
3. The application is not opposed, the respondent having failed to file a replying affidavit despite service of the application and hearing notice.
4. The application is therefore granted as prayed and the court makes the following orders:-a.The ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024 are set aside.b.The respondent/applicant is granted leave to file necessary pleadings and be heard on the application and petition dated 8/12/2023. c.Costs in the cause.
DATED AT NAIROBI THIS 27TH DAY OF JUNE, 2024Mathews Nderi NdumaJUDGEAppearance:Mr. Nyambone Advocates for respondent/applicantMr. Kemboi, Court Assistant