[2024] KEELRC 151 (KLR)
The court found that the applicant had demonstrated sufficient grounds for urgency and priority hearing, as the matter had already proceeded before the subordinate court and no response had been filed by the respondent. The court exercised its discretion to allocate a hearing date on a priority basis, emphasizing...
Source-derived case information.
- Citation
- [2024] KEELRC 151 (KLR)
- Parties
- Applicant: Andrew Juma Wafula; Respondent: Postal Corporation Of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E053 of 2023
- Procedural Posture
- Employment and Labour Cause / Ruling on Interlocutory Application
- Outcome
- Application allowed; cause to be heard on priority basis.
- Judges
- DN Nderitu
- Legal Topics
- Priority Hearing, Interlocutory Applications, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Juma Wafula
Applicant
Postal Corporation Of Kenya
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should certify the application as urgent and dispense with service in the first instance.
- 2 Whether the court should direct that the claim be heard on a priority basis given prior proceedings before the subordinate court.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for urgency and priority hearing, as the matter had already proceeded before the subordinate court and no response had been filed by the respondent. The court exercised its discretion to allocate a hearing date on a priority basis, emphasizing the need for expeditious disposal of employment disputes in line with constitutional and statutory mandates for access to justice and fair hearing.
Court Disposition
Application allowed; cause to be heard on priority basis.
Orders
- This cause shall be allocated a hearing date on priority basis.
- A hearing date be allocated immediately upon delivery of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Wafula v Postal Corporation of Kenya (Employment and Labour Relations Cause E053 of 2023) [2024] KEELRC 151 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEELRC 151 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Employment and Labour Relations Cause E053 of 2023
DN Nderitu, J
February 8, 2024
Between
Andrew Juma Wafula
Appellant
and
Postal Corporation Of Kenya
Respondent
Ruling
1. The claimant filed a notice of motion dated 16th October, 2023, under a certificate of urgency seeking for the following orders -1. That this application be certified urgent and service of the same be dispensed in the first instance and heard on the priority basis.2. That the Honourable Court be pleased to give directions that the claim be heard and as a matter of priority as the same had already proceeded for hearing before the subordinate court.
2. The application is expressed to be brought pursuant to Articles 48, 50, and 159(1) of the Constitution of Kenya, 2010, Section 3(1) of the Employment and Labour Relations Court Act as read with Section 12(3) (viii) of the Act, Rule 17 of the ELRC rules, and any other enabling laws) and based on the grounds on its face.
3. The application is supported with the affidavit of Gordon Ogola, Advocate sworn on even date with several annexures thereto.
4. The respondent was duly served with the said application as per the affidavit of service on record but no response thereto was filed.
5. The court has read the said application, the supporting affidavit and the annexures thereto and orders and directs as follows -i.That for the grounds and reasons alluded to in the application as supported by the affidavit and annexures thereto, this cause shall be allocated a hearing date on priority basis.ii.That a hearing date be allocated immediately upon delivery of this ruling.
DATED, DELIVERED VIRTUALLY, AND SIGNED AT NAKURU THIS 8THDAY OF FEBRUARY, 2024. ……………………DAVID NDERITUJUDGE