[2018] KEELRC 2591 (KLR)
The court found that the respondents were not properly notified of the transfer of the case from Nakuru to Eldoret, as there was no record of the Deputy Registrar informing the parties of the change. The notice served to the respondents was for attendance at Nakuru, not Eldoret, which constituted a procedural error....
Source-derived case information.
- Citation
- [2018] KEELRC 2591 (KLR)
- Parties
- Claimant: Thomas Geofrey Kweyu; Respondent: Abraham Kiptanui t/a Tarakwa Rurnitures Ltd; Respondent: Tarakwa Furnitures Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 357 of 2017
- Procedural Posture
- Employment Cause / Directions Prior to Judgment
- Outcome
- Ex parte proceedings set aside; directions issued for proper service and mention.
- Legal Topics
- Service of Process, Ex Parte Hearing, Transfer of Suit, Notice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Geofrey Kweyu
Claimant
Abraham Kiptanui t/a Tarakwa Rurnitures Ltd
Respondent
Tarakwa Furnitures Ltd
Respondent
Procedural Posture
Employment Cause / Directions Prior to Judgment
Legal Issues
- 1 Whether the respondents were properly served with notice of the hearing after the transfer of the case from Nakuru to Eldoret.
- 2 Whether the ex parte proceedings and closure of the claimant's case on 9th July, 2018 should be set aside due to procedural lapses.
Ratio Decidendi
The court found that the respondents were not properly notified of the transfer of the case from Nakuru to Eldoret, as there was no record of the Deputy Registrar informing the parties of the change. The notice served to the respondents was for attendance at Nakuru, not Eldoret, which constituted a procedural error. As a result, the respondents may not have had a fair opportunity to attend the hearing. Consequently, the ex parte proceedings and closure of the claimant's case on 9th July, 2018 were set aside to ensure fairness and compliance with the principles of natural justice. The court directed that the respondents be properly served with summons and mention notice, and set a new...
Court Disposition
Ex parte proceedings set aside; directions issued for proper service and mention.
Orders
- Proceedings leading to closure of claimant’s case on 9th July, 2018 are set aside.
- Respondents to be served with summons and mention notice.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS OCCURT OF KENYA
AT ELDORET
CAUSE NO.357 OF 2017
[Formerly Cause No.53 of 207 – Nakuru]
THOMAS GEOFREY KWEYU......................................CLAIMANT
VERSUS
ABRAHAM KIPTANUI T/A
TARAKWA RURNITURES LTD.......................1STRESPONDENT
TARAKWA FURNITURES LTD.......................2NDRESPONDENT
DIRECTIONS
Judgement is due in this matter but shall not issue for the following reasons.
Upon going through the file in preparation for judgement I noted that on 17th February, 2017 the claimant filed the Memorandum of Claim under Cause No.53 of 2017 at Nakuru, ELRC registry. On 10th October, 2017 the matter was transferred to the Eldoret, ELRC registry.
The court sitting at Nakuru directed the Deputy Registrar to inform the parties on the movement of the file. This has not been done to date. There is no record of this Notice to the Parties.
Upon filing the Claim, the returns filed by the claimant indicate that on 10th November, 2017 a notice was issued to the respondent to attend court and the same was accepted but the respondent officer declined to sign in acknowledgement. Such service was done under Cause No.53 of 2017, Nakuru. By this date, the file had since been moved to the Eldoret, ELRC registry and hearing directions given.
I take it the notice issued to the respondent to attend at Nakuru, ELRC was by error and which error taken in context, the respondent are now not aware that the file herein has since moved to a different location and may not have had a fair chance to attend.
On the basis of returns above the claimant was allocated a hearing date, Formal proof of his case on the basis that the respondent had not entered appearance, defence not filed and fundamentally that there was service upon the respondent and at the due hearing date the respondent failed to attend.
Noting the lapse in the Deputy Registrar sending the notice stating changes in terms of which court and registrar the respondent was to attend and further noting the respondent was served to attend hearing at Nakuru and not Eldoret, the hearing ex parte and which proceeded on 9th July, 2018 is set aside.
Noting the above the following directions issues;
a) Proceedings leading to close on claimant’s case on 9thJuly, 2018 are hereby set aside;
b) Serve the respondents with summons and Mention Notice;
c) Mention on 15thOctober, 2018 for taking directions.
These directions have issued at Eldoret this 24th day of September, 2018.
M. MBARU JUDGE
Present: …………………………………………………………….