[2023] KEELRC 957 (KLR)
The court determined that, after reviewing the application and the response, the interests of justice would be best served by ordering that the appeal be set down for hearing without further delay. The court emphasized the need for expeditious disposal of cases and directed the parties, particularly the appellant,...
Source-derived case information.
- Citation
- [2023] KEELRC 957 (KLR)
- Parties
- Appellant: Mathew Kosgei Rutto; Respondent: Board of Management Moi Kapsowar Girls Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Appeal 12 of 2020
- Procedural Posture
- Employment and Labour Relations Appeal / Ruling on Interlocutory Application
- Outcome
- The appeal is to be set down for hearing forthwith; parties to mention the matter before the Presiding Judge within 30 days for directions.
- Judges
- NJ Abuodha
- Legal Topics
- Appeal Procedure, Case Management, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Kosgei Rutto
Appellant
Board of Management Moi Kapsowar Girls Secondary School
Respondent
Procedural Posture
Employment and Labour Relations Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the appeal should be set down for hearing forthwith in the interest of justice.
- 2 Whether the application dated 1st August, 2022 warrants immediate scheduling of the appeal.
Ratio Decidendi
The court determined that, after reviewing the application and the response, the interests of justice would be best served by ordering that the appeal be set down for hearing without further delay. The court emphasized the need for expeditious disposal of cases and directed the parties, particularly the appellant, to mention the matter before the Presiding Judge within 30 days for directions on hearing and disposal. This decision was made to avoid unnecessary delay and to ensure that the matter proceeds efficiently to determination.
Court Disposition
The appeal is to be set down for hearing forthwith; parties to mention the matter before the Presiding Judge within 30 days for directions.
Orders
- The appeal herein shall be set down for hearing forthwith.
- The parties, especially the appellant, shall cause the matter to be mentioned before the Presiding Judge ELRC within 30 days of this ruling for direction on hearing and disposal.
Full Case Text
Judgment text and source record
18 paragraphs
Rutto v Board of Management Moi Kapsowar Girls Secondary School (Employment and Labour Relations Appeal 12 of 2020) [2023] KEELRC 957 (KLR) (28 April 2023) (Ruling)
Neutral citation: [2023] KEELRC 957 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Eldoret
Employment and Labour Relations Appeal 12 of 2020
NJ Abuodha, J
April 28, 2023
Between
Mathew Kosgei Rutto
Appellant
and
Board of Management Moi Kapsowar Girls Secondary School
Respondent
Ruling
1. The Court has reviewed and considered the application dated 1st August, 2022 and the response thereto contained in the Replying Affidavit of Mathew Kosgei Rutto and became of the view that the bigger interest of justice would be served in ordering that the appeal herein be set down for hearing forthwith.
2. In that regard, let the parties and especially the appellant cause the matter to be mentioned before the Presiding Judge ELRC within 30 days of this ruling for direction on hearing and disposal.
3. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 28TH DAY OF APRIL, 2023ABUODHA J. N.JUDGE