[2023] KEELRC 3040 (KLR)
The court determined that, in light of the claimant's death and the absence of the respondent, it was appropriate to allow the matter to proceed by way of written submissions. This decision was grounded in Section 21 of the Employment and Labour Relations Court (Procedure) Rules, which permits the court to determine...
Source-derived case information.
- Citation
- [2023] KEELRC 3040 (KLR)
- Parties
- Applicant: Joseph Mbugua Wagereka; Respondent: Nokia Solutions & Solutions Business Operations OY
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E2442 of 2017
- Procedural Posture
- Employment and Labour Cause / Ruling on Mode of Proceedings After Claimant's Death
- Outcome
- Application to proceed by way of written submissions allowed; timelines for submissions set; mention date fixed to confirm compliance.
- Judges
- AN Mwaure
- Legal Topics
- Substitution of Deceased Claimant, Written Submissions, Court Procedure, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mbugua Wagereka
Applicant
Nokia Solutions & Solutions Business Operations OY
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Mode of Proceedings After Claimant's Death
Legal Issues
- 1 Whether the proceedings can continue after the death of the claimant.
- 2 Whether the parties should be allowed to proceed by way of written submissions in light of the claimant's death and absence of respondent.
Ratio Decidendi
The court determined that, in light of the claimant's death and the absence of the respondent, it was appropriate to allow the matter to proceed by way of written submissions. This decision was grounded in Section 21 of the Employment and Labour Relations Court (Procedure) Rules, which permits the court to determine a suit on the basis of pleadings and submissions, either by agreement or on its own motion. The court also considered the need to avoid undue technicalities and to uphold the right of access to justice as enshrined in the Constitution. Additionally, the court took judicial notice of the COVID-19 pandemic and the resulting directions from the Chief Justice, which allowed for...
Court Disposition
Application to proceed by way of written submissions allowed; timelines for submissions set; mention date fixed to confirm compliance.
Orders
- The claimant is given 21 days to file written submissions.
- Upon service, the respondent is given 21 days to file submissions.
Full Case Text
Judgment text and source record
19 paragraphs
Wagereka v Nokia Solutions & Solutions Business Operations OY (Employment and Labour Relations Cause E2442 of 2017) [2023] KEELRC 3040 (KLR) (24 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 3040 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E2442 of 2017
AN Mwaure, J
November 24, 2023
Between
Joseph Mbugua Wagereka
Claimant
and
Nokia Solutions & Solutions Business Operations OY
Respondent
Ruling
1. The claimant herein made an oral application after delivery of the ruling pertaining to the notice of motion 26th April 2023 seeking to substitute the claimant who is deceased.
2. The claimant now prayed to be allowed to proceed by way of written submissions (that was on 28th September 2023) since his only witness the claimant had since passed on.
3. The respondent was not present. The court will allow the parties to proceed by way of written submissions as allowed by section 21 of the Employment and Labour Relations Court procedure) rules which provides:“The court may, either by an agreement by all parties, or on its own motion, proceed to determine a suit before it on the basis of pleadings, affidavits, documents filed and submissions made by the parties.
4. Therefore, the claimant is given 21 days to file their written submissions and upon service the respondent is also given 21 days to file their submissions. Mention will be on 12/2/2024 to confirm compliance and to give a date of judgment.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 24THDAY OF NOVEMBER, 2023. 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 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