[2018] KEELRC 482 (KLR)
The court found that there was no evidence on record that the applicant had been served with a hearing notice for the scheduled hearing. In the absence of such service, the dismissal of the suit for non-attendance was improper. The court emphasized that service of a hearing notice is a fundamental requirement to...
Source-derived case information.
- Citation
- [2018] KEELRC 482 (KLR)
- Parties
- Applicant: Richard Ombaye Motogwa; Respondent: Catholic Relief Services (K) Program; Respondent: Mumbi Kahiu (HRM)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1656 of 2014
- Procedural Posture
- Miscellaneous Application / Application to Set Aside Dismissal and Reinstate Suit
- Outcome
- application allowed; dismissal order set aside; suit reinstated
- Judges
- MSA Makhandia
- Legal Topics
- Reinstatement of Suit, Dismissal for Nonattendance, Service of Hearing Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ombaye Motogwa
Applicant
Catholic Relief Services (K) Program
Respondent
Mumbi Kahiu (HRM)
Respondent
Procedural Posture
Miscellaneous Application / Application to Set Aside Dismissal and Reinstate Suit
Legal Issues
- 1 Whether the dismissal of the suit for non-attendance should be set aside and the suit reinstated.
- 2 Whether the applicant was served with a hearing notice for the scheduled hearing.
Ratio Decidendi
The court found that there was no evidence on record that the applicant had been served with a hearing notice for the scheduled hearing. In the absence of such service, the dismissal of the suit for non-attendance was improper. The court emphasized that service of a hearing notice is a fundamental requirement to ensure fairness and compliance with the rules of natural justice. Consequently, the application to set aside the dismissal and reinstate the suit was allowed.
Court Disposition
application allowed; dismissal order set aside; suit reinstated
Orders
- The application dated 5 November 2018 is allowed.
- The dismissal order made on 15 October 2018 is set aside.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1656 OF 2014
RICHARD OMBAYE MOTOGWA..........................................CLAIMANT
v
CATHOLIC RELIEF SERVICES (K) PROGRAM.....1st RESPONDENT
MUMBI KAHIU (HRM)................................................2nd RESPONDENT
RULING
1. When the Cause herein came up for hearing on 15 October 2018 during the service week, the Court in consideration of the absence of the Claimant and his advocate dismissed the Cause (the Respondents were present and indicated they was ready to proceed with the hearing).
2. The dismissal prompted Richard Motogwa (applicant) to move the Court on 6 November 2018, seeking to have the dismissal order set aside and the suit reinstated.
3. The primary reason advanced in support of the application was that the Registrar did not serve a hearing notice upon the applicant.
4. The Respondent opted not to oppose the application, but indicated that they were served with a hearing notice.
5. The Court has looked at the record and confirmed that there is no evidence on record that a hearing notice was served.
6. The Court will therefore allow the application dated 5 November 2018.
Delivered, dated and signed in Nairobi on this 30th day of November 2018.
Radido Stephen
Judge
Appearances
For applicant Mr. Babu instructed by Wilfred K. Babu & Co. Advocates
For Respondent Ms. Weru instructed by Iseme Kamau & Maema Advocates
Court Assistant Mamo