Tarus v Postal Corporation of Kenya (Cause 34 of 2019) [2026] KEELRC 2287 (KLR) (31 July 2026) (Ruling)

Tarus v Postal Corporation of Kenya (Cause 34 of 2019) [2026] KEELRC 2287 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2287 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause 34 of 2019 AN Mwaure, J July 31, 2026 Between Henry Kipchumba Tarus Claimant and Postal Corporation Of Kenya Respondent Ruling 1.Before this Honourable Court for determination is whether the Respondent can adopt its witness statement and list of documents, as the witness statement cannot be traced. 2.Rule 59 of the Employment and Labour Relations Court (Procedure) Rules 2024 provides that this court may decide a case based only on the pleadings, affidavits, documents, and submissions, either if all parties agree or on its own motion. 3.In Kagwe v Board of Management Olerai Primary School [2025] KEELRC 3257 (KLR), the parties agreed to proceed under Rule 59 due to limited and uncontested issues. The Court replaced witness statements with affidavits and required written submissions, which were filed and exchanged as directed. 4.In Naushad Trading Company Ltd v Munywoki [2026] KEELRC 2014 (KLR), the court noted that Rule 59 of Employment and Labour Relations Procedure Rules 2024 permits determination of a cause on documents and submissions where facts are largely uncontested. The issue raised in the evidence by the Claimant are not on termination or other facts that need to be established. There are issues of calculations of dues to the Claimant. These can be highlighted in the pleadings and in the submissions.Further, this is an extremely old case and we do not want to be accused of delaying justice because of inordinate delay. 5.The court therefore will allow the Respondent to proceed by Documentation under Rule 59 of Employment and Labour Relations Court Rules 2024. The court orders the following-(a)The Respondent witness to swear a supporting affidavit and annex their pleadings and bundle of documents and witness statements within 10 days.(b)The Claimant will have 14 days thereafter to file their submissions and upon service the Respondent will also have 14 days to file their submissions. Case will be mentioned on 30th September 2026 to confirm compliance and to give a judgment date.Orders accordingly. DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 31ST DAY OF JULY, 2026.ANNA NGIBUINI MWAUREJUDGEOrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE