David Kabori Rimberia v Summit Covelines Co Ltd & another [2013] KEELRC 780 (KLR)
The bottom line
#Kenya's Industrial Court dismissed a part-heard employment case after advocates sought an adjournment without giving reasons — showing courts punish delay severely.
What this practically means
#Executive summary
#Key legal issues
#Management of the court diary
Counsel cannot agree between themselves to take out a matter; the court manages its own diary and must sanction any adjournment arrangements
The parties' advocates had concurred on the suitability of the 29 August 2013 hearing date when it was fixed in their presence. Advocates holding brief later sought to take the matter out without any explanation. The court held that diary management is a judicial function and counsel's private agreements must be brought to the court for directions. This conduct was described as unprofessional and dilatory.
Adjournment and hearing in absence of parties
Where no reasons are given for absence or inconvenience, the court may proceed under Rule 22(b) & (c) and, given the dilatory conduct of the advocates on record, dismissed the Cause
Rule 22(b) & (c) of the Industrial Court (Procedure) Rules, 2010 permits the court to proceed in the absence of a party who fails to appear without reasons, or where the reasons given would not prevent attendance. No reasons were advanced by the advocates holding brief. Although the court should not visit injustice on litigants in a part-heard cause, the advocates' unprofessional and dilatory conduct justified dismissal.
Legal principles established
#- It is the Court, not counsel, that manages its diary and any agreements by advocates must be brought to the Court for directions
- An adjournment is discretionary and requires sufficient grounds
- The Court may proceed in the absence of a party who fails to appear without reasons under Rule 22(b) & (c) of the Industrial Court (Procedure) Rules, 2010
Court orders
#- 1.The Cause is dismissed with no order as to costs
- Jurisdiction invoked
- Industrial Court (Procedure) Rules, 2010, Rule 22(b) & (c)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Kabori Rimberia v Summit Covelines Co Ltd & another [2013] KEELRC 780 (KLR)", Case Analysis (2013). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/780/eng@2013-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.