[2018] KEELRC 2578 (KLR)
The court determined that there were procedural lapses in the service of summons and notification to the respondents regarding the transfer of the case from Nakuru to Eldoret. The absence of evidence showing that the respondents were notified of the change in registry and the lack of clarity on who received the...
Source-derived case information.
- Citation
- [2018] KEELRC 2578 (KLR)
- Parties
- Claimant: Richard Derick Nyane; Respondent: Western Steel Mills Ltd; Respondent: Jokali Handling Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 156 of 2017
- Procedural Posture
- Employment Cause / Pre Judgment Directions
- Outcome
- Judgment deferred; proceedings stayed pending proper service of mention notices on respondents.
- Legal Topics
- Service of Process, Procedural Fairness, Notice of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Derick Nyane
Claimant
Western Steel Mills Ltd
Respondent
Jokali Handling Services Ltd
Respondent
Procedural Posture
Employment Cause / Pre Judgment Directions
Legal Issues
- 1 Whether the respondents were properly served with summons and notified of the transfer of the case from Nakuru to Eldoret registry.
- 2 Whether proceeding to judgment without proper notification to the respondents would amount to procedural injustice.
Ratio Decidendi
The court determined that there were procedural lapses in the service of summons and notification to the respondents regarding the transfer of the case from Nakuru to Eldoret. The absence of evidence showing that the respondents were notified of the change in registry and the lack of clarity on who received the summons for each respondent raised concerns about procedural fairness. Proceeding to judgment under these circumstances would amount to injustice and violate the respondents' right to a fair hearing. Therefore, the court held that judgment could not be delivered until the respondents were properly served with mention notices to attend proceedings at Eldoret, ensuring that they are...
Court Disposition
Judgment deferred; proceedings stayed pending proper service of mention notices on respondents.
Orders
- Proceedings are put in abeyance until the respondents are served with a mention notice to attend proceedings at Eldoret.
- The matter shall be mentioned in 30 days on 30th October, 2018.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT ELDORET
CAUSE NO.156 OF 2017
[Formerly Cause No.481 of 2016 (Nakuru)]
RICHARD DERICK NYANE..............................................................CLAIMANT
VERSUS
WESTERN STEEL MILLS LTD...........................................1STRESPONDENT
JOKALI HANDLING SERVICES LTD...............................2NDRESPONDENT
DIRECTIONS
Judgement is due in this matter following proceedings and hearing of the claimant’s case on 12th July, 2018. Such judgement shall not be delivered for the reasons addressed in the directions hereunder:
Upon retreat to write judgement, going through the file I noted several lapses herein which shall be necessary for the court to address before judgement is delivered.
On 5th December, 2016 the claimant filed the Memorandum of Claim. Summons were obtained herein and the respondents served on 30th January, 2017 and Affidavit of Service was filed on 6th July, 2018. It is not clarified by the Process Server as to who received the summons and for which respondent as there are two respondents herein.
The Claim herein had been filed in Nakuru, ELRC registry and on 21st June, 2017 the court directed the movement of the file to the Eldoret, ELRC registry and the Deputy Registrar to notify the parties on the change and movement. Such notice is not on file. I take it the respondents were not notified of the movement of the file from the registry in Nakuru to Eldoret. The Deputy Registrar did not attend as directed by the Judge at Nakuru, ELRC.
Noting service of summons were effected on 30th July, 2017 and the court directions on 21st June, 2017 and there being no evidence that that respondents received any notification on the changes, it would procedurally serve injustice to proceed with judgement taking the obvious lapse into account. As this is a court of justice and fundamentally set to serve equity and ensure the employer is aware of proceedings on-going before the court, it is imperative that the proceedings now taking place be brought to the attention of the respondents.
The judgement due shall not issue.
Proceedings are put in abeyance until the respondents are served with a mention notice to attend proceedings at Eldoret, for the court to direct as appropriate.
Where there is no attendance, the court shall issue directions as appropriate.
Taking the above into account, the matter shall be mentioned in 30 days and on 30thOctober, 2018. Both respondents to be served with mention notices to attend for the court directions.
Delivered in open court at Eldoret this 26th day of September, 2018.
M.MBARU JUDGE
In the presence of:
…………………………………………………………………………………….