[2024] KEELRC 719 (KLR)
The court found that the anomalies in the memorandum of appeal and submissions were attributable to counsel for the appellant, not the appellant personally. In the interest of justice and fairness, rather than striking out the appeal for incompetence, the court exercised its discretion to grant the appellant leave...
Source-derived case information.
- Citation
- [2024] KEELRC 719 (KLR)
- Parties
- Appellant: David Kiplangat Rotich; Respondent: Mogogosiek Tea Factory
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Appeal E004 of 2022
- Procedural Posture
- Civil Appeal / Directions Before Judgment
- Outcome
- Appellant granted leave to amend memorandum of appeal and file supplementary record; directions issued.
- Judges
- DN Nderitu
- Legal Topics
- Appeal Procedure, Memorandum of Appeal, Leave to Amend, Supplementary Record, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Kiplangat Rotich
Appellant
Mogogosiek Tea Factory
Respondent
Procedural Posture
Civil Appeal / Directions Before Judgment
Legal Issues
- 1 Whether the memorandum of appeal properly identifies the rulings being challenged.
- 2 Whether the appellant should be granted leave to amend the memorandum of appeal and file a supplementary record.
Ratio Decidendi
The court found that the anomalies in the memorandum of appeal and submissions were attributable to counsel for the appellant, not the appellant personally. In the interest of justice and fairness, rather than striking out the appeal for incompetence, the court exercised its discretion to grant the appellant leave to amend the memorandum of appeal and file a supplementary record. This approach ensures that the substantive issues in the appeal can be addressed on their merits, upholding the right to a fair hearing and avoiding undue prejudice to the appellant due to counsel's procedural errors.
Court Disposition
Appellant granted leave to amend memorandum of appeal and file supplementary record; directions issued.
Orders
- The appellant shall file and serve an amended memorandum of appeal and supplementary record of appeal within 30 days.
- Mention on 11th June, 2024 for further orders and/or directions.
Full Case Text
Judgment text and source record
20 paragraphs
Rotich v Mogogosiek Tea Factory (Appeal E004 of 2022) [2024] KEELRC 719 (KLR) (20 March 2024) (Directions)
Neutral citation: [2024] KEELRC 719 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Appeal E004 of 2022
DN Nderitu, J
March 20, 2024
Between
David Kiplangat Rotich
Appellant
and
Mogogosiek Tea Factory
Respondent
Directions
1. When the court retreated to write a judgment in this appeal, I made the following observations -i.The memorandum of appeal dated 27th June, 2022 purports to challenge two rulings, One by Hon. E.K. Makori (CM) purportedly delivered on 15th June, 2022 and a second one by Hon. S.M. Mokua (CM) purportedly delivered on even date.ii.The prayer in the memorandum of appeal is for settling aside of the ruling by HON. E.K. Makori (CM).iii.The submissions by counsel for the appellant relate to the ruling by Hon. S.M. Mokua (C.M), while the submissions by counsel for the respondent are in regard to both the ruling by Hon. E.K. Makori (CM) and Hon. S. M. Mokua (CM).
2. The foregoing mistakes and or anomalies are not attributable to the appellant but to his counsel.
3. While the court has the option of taking the draconian step of striking out the appeal for being incompetent, in the interest of justice and fairness the appellant is granted leave to amend the memorandum of appeal and file a supplementary record of appeal.
4. The court issues the following directions –
i.The appellant shall file and serve an amended memorandum of appeal and supplementary record of appeal within 30 days hereof.ii.Mention on 11th June, 2024 for further orders and or directions.
DELIVERED VIRTUALLY, DATED, AND SIGNED AT NAKURU THIS 20THDAY OF MARCH, 2024. ..................................DAVID NDERITUJUDGE