[2022] KEELRC 328 (KLR)
The court determined that it is legally impossible to deliver a judgment on the appeal due to the absence of the original trial court file, incomplete record of appeal, and the presence of conflicting sets of proceedings from two different magistrates relating to different subject matters. The court held that these...
Source-derived case information.
- Citation
- [2022] KEELRC 328 (KLR)
- Parties
- Appellant: Rainforest Farmlands (K) Ltd; Respondent: Samuel Mwangi Wachiri
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 9 of 2016
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment
- Outcome
- Delivery of judgment stayed pending retrieval and clarification of trial court record.
- Judges
- DN Nderitu
- Legal Topics
- Appeal Record Completeness, Missing Trial Court File, Stay of Judgment, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rainforest Farmlands (K) Ltd
Appellant
Samuel Mwangi Wachiri
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment
Legal Issues
- 1 Whether the appeal can proceed to judgment in the absence of the original trial court file and complete record of proceedings.
- 2 Whether the presence of conflicting proceedings and missing documents invalidates the appellate process.
Ratio Decidendi
The court determined that it is legally impossible to deliver a judgment on the appeal due to the absence of the original trial court file, incomplete record of appeal, and the presence of conflicting sets of proceedings from two different magistrates relating to different subject matters. The court held that these anomalies must be resolved to ensure the integrity of the appellate process and to comply with the requirements of the Civil Procedure Act and the Constitution. Accordingly, the court ordered the Deputy Registrar to call for the original trial court file and certified proceedings, stayed the delivery of judgment, and set a mention date for further directions.
Court Disposition
Delivery of judgment stayed pending retrieval and clarification of trial court record.
Orders
- The Deputy Registrar/Registry to call for the original trial court file Naivasha CMCC No. 404 of 2014 and certified copies of proceedings.
- Delivery of judgment in this appeal is stayed pending resolution of the identified issues.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAKURU
ELRC CAUSE NUMBER 9 OF 2016
RAINFOREST FARMLANDS (K) LTD......APPELLANT
-VERSUS-
SAMUEL MWANGI WACHIRI ...............RESPONDENT
DIRECTIONS
1. On 15th December, 2021 this court fixed this matter for delivery of judgment on 28th February, 2022. This is after Counsel for both parties had by consent filed written submissions as the agreed mode of hearing and disposal of this appeal.
2. However, when this court retreated to write the judgment several anomalies were noted which made it legally impossible for this court to author the judgment before those anomalies are addressed.
3. The said anomalies include:-
(i) The entire lower (trial) court original file is missing and not available in this bundle.
(ii) The record of appeal as filed by Counsel for the Appellant is incomplete in that the typed proceedings of the trial court are missing.
(iii) There are two sets of proceedings one by G. Gesora (CM) and the other by F.K. Kimilu (PM). The record indicates that both judicial officers conducted proceedings in respect of Naivasha CMCC 404 of 2014 that gave rise to this appeal. However, the subject matter of the proceedings before both Magistrates are different. Those before G. Gesora (CM) are in respect of a work place injury while those before E.K. Kimilu (PM) relate to injuries in a road accident.
(iv) However, there is only one judgment by G. GESORA (CM) delivered on 29th September, 2016.
4. The mix- up and confusion in this file has to be sorted out before a judgment may be written and delivered. In the circumstances this court directs and orders as follows:
(i) THAT the Deputy Registrar/Registry do call for the original trial court file being Naivasha CMCC No. 404 of 2014 – SAMUEL MWANGI WACHIRA VS. RAINFOREST FARMLAND (K) LTD together with certified copies of the proceedings thereof.
(ii) THAT the delivery of judgment in this appeal be and is hereby stayed pending the sorting out of the issues stated above.
(iii) THAT this matter be mentioned in court on 28th March, 2022 for further directions/orders.
5. The directions herein are given based on Sections 1A, 1B, 3, and 3A of the Civil Procedure Act (Cap 21), Section 3of the Employment and Labour Relations Court No. 20 of 2011, and Article 159 (2) (b) (d) of the Constitution.
..............................
DAVID NDERITU
JUDGE
7TH MARCH, 2022