[2016] KEELRC 205 (KLR)

[2016] KEELRC 205 (KLR)

The court found that the proposed interested party failed to disclose the exact date when the dismissal of the application was discovered, which was a material fact necessary for the court to consider whether to exercise its discretion in favour of reinstatement. The explanation for the six-month delay was deemed insufficient, as the applicant merely stated that the mistake was realised upon inquiry without specifying when this occurred. The court held that such lack of disclosure was fatal to the application, and on this ground alone, dismissed the application for reinstatement. The court further noted that the proposed interested party retained the option to assert any proprietary...

Citation
[2016] KEELRC 205 (KLR)
Parties
Applicant: Samson Arap Bii; Applicant: Charles K. Chepkwony; Applicant: Simon Malei; Applicant: Paul Bii; Applicant: David Keter; Applicant: Grace Chepkemoi; Applicant: Ann Chepkoech; Applicant: Hellen Chepkorir; Applicant: Alice Chelangat; Applicant: Jane Chepchirchir; Respondent: Benard Kiplangat Kilele t/a North Njoro Farm; Respondent: Ronald Kipngetich Kilele; Respondent: Anne Maanyu Kilele
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nakuru
Jurisdiction
Kenya
Judgment Date
14 October 2016
Case Number
Cause 262 of 2013
Procedural Posture
Employment Cause / Ruling on Application for Reinstatement of Dismissed Motion
Outcome
application dismissed
Judges
MSA Makhandia
Legal Topics
Reinstatement of Application, Court Discretion, Inordinate Delay, Preliminary Objection
Source Language
English
Employment and Labour Reinstatement of Application Court Discretion Inordinate Delay Preliminary Objection

Case Brief

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Parties

Samson Arap Bii

Applicant

Charles K. Chepkwony

Applicant

Simon Malei

Applicant

Paul Bii

Applicant

David Keter

Applicant

Grace Chepkemoi

Applicant

Ann Chepkoech

Applicant

Hellen Chepkorir

Applicant

Alice Chelangat

Applicant

Jane Chepchirchir

Applicant

Benard Kiplangat Kilele t/a North Njoro Farm

Respondent

Ronald Kipngetich Kilele

Respondent

Anne Maanyu Kilele

Respondent

Procedural Posture

Employment Cause / Ruling on Application for Reinstatement of Dismissed Motion

Legal Issues

  1. 1 Whether the application for reinstatement of the dismissed motion should be granted in light of the delay and reasons advanced.
  2. 2 Whether the explanation for non-attendance and delay by the proposed interested party is sufficient to warrant exercise of the court's discretion.
  3. 3 Whether the failure to disclose the exact date of discovery of the dismissal is fatal to the application.

Ratio Decidendi

The court found that the proposed interested party failed to disclose the exact date when the dismissal of the application was discovered, which was a material fact necessary for the court to consider whether to exercise its discretion in favour of reinstatement. The explanation for the six-month delay was deemed insufficient, as the applicant merely stated that the mistake was realised upon inquiry without specifying when this occurred. The court held that such lack of disclosure was fatal to the application, and on this ground alone, dismissed the application for reinstatement. The court further noted that the proposed interested party retained the option to assert any proprietary...

Court Disposition

application dismissed

Orders

  • The application for reinstatement is dismissed.
  • Costs of the application awarded to the claimants and respondents.