[2018] KEELRC 2546 (KLR)

[2018] KEELRC 2546 (KLR)

The court found that the respondent was properly served with the hearing notice for 8th May, 2018, as evidenced by the affidavit of service and the respondent's own admission of receipt. The respondent failed to provide a satisfactory explanation for their absence at the hearing, as their counsel chose to attend...

Source-derived case information.

Citation
[2018] KEELRC 2546 (KLR)
Parties
Claimant: Robert Kimutai Tireito; Respondent: Little Lambs Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Eldoret
Jurisdiction
Kenya
Case Number
Cause 67 of 2017
Procedural Posture
Employment Cause / Ruling on Application to Set Aside Ex Parte Proceedings and Reopen Claimant's Case
Outcome
Application partially allowed with conditions.
Judges
M Mbarũ
Legal Topics
Ex Parte Proceedings, Setting Aside Orders, Right to Be Heard, Service of Process
Source Language
en
Employment and Labour Ex Parte Proceedings Setting Aside Orders Right to Be Heard Service of Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Kimutai Tireito

Claimant

Little Lambs Company Limited

Respondent

Procedural Posture

Employment Cause / Ruling on Application to Set Aside Ex Parte Proceedings and Reopen Claimant's Case

Legal Issues

  1. 1 Whether the ex parte proceedings against the respondent should be set aside.
  2. 2 Whether the closure of the claimant's case should be reopened for hearing and disposal.
  3. 3 Whether the respondent was properly served with the hearing notice for 8th May, 2018.

Ratio Decidendi

The court found that the respondent was properly served with the hearing notice for 8th May, 2018, as evidenced by the affidavit of service and the respondent's own admission of receipt. The respondent failed to provide a satisfactory explanation for their absence at the hearing, as their counsel chose to attend another matter that was not cause listed. However, in the interest of justice and to ensure both parties are heard, the court allowed the respondent to recall the claimant for cross-examination and to urge their defence, but only upon payment of assessed costs to the claimant. The court held that the proceedings were legitimate and followed due process, but balanced this with the...

Court Disposition

Application partially allowed with conditions.

Orders

  • The respondent shall recall the claimant for cross-examination.
  • The respondent shall pay costs of Kshs.20,000.00 to the claimant before being given a hearing.