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ELRCDismissedMotion dated 1 November 2016 (ELRC, Nakuru)· [2016] KEELRC 282 (KLR)

Paul Kiprop Chepkuto v University Council - Moi University & 2 others [2016] KEELRC 282 (KLR)

Employment and Labour Relations Court
25 November 2016
622 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a university executive's urgent bid to overturn his suspension because his lawyers never served the papers on the other side for three weeks.

What this practically means

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Executive summary

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The applicant, Paul Kiprop Chepkuto, moved the Employment and Labour Relations Court at Nakuru by a motion dated and filed on 1 November 2016 under certificate of urgency. He sought temporary orders suspending the implementation of two letters from the 2nd Respondent - one dated 13 October 2016 suspending him from the office of Deputy Vice Chancellor, Administration, Planning and Development, and another dated 1 September 2016 sending him on compulsory leave - both of which also halved his salary. He further sought reinstatement to his office pending the hearing of the suit, a bar on any other appointment to the position, and restraint against interference with his duties. The motion was certified urgent on 1 November 2016 and set down for inter partes hearing on 14 November 2016. On that date, counsel for the applicant admitted the motion had not been served. The court adjourned to 23 November 2016 and directed service and payment of adjournment fees. On 23 November 2016 the applicant was absent when the motion was called out; counsel appeared later seeking a mention date to file an affidavit of service, without proof of service. The court found that the applicant had had approximately 23 days in total to effect service but had failed to do so or provide evidence of service, concluding that the applicant was not interested in the expeditious hearing of the certified-urgent motion. The court held that the urgency certification had become superfluous and that the applicant's inaction amounted to abuse of the court process. The motion dated 1 November 2016 was dismissed with no order as to costs. The judgment was delivered in Nakuru on 25 November 2016 by Radido Stephen, Judge.

Key legal issues

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Consequences of failure to serve a certified-urgent motion

Holding

The motion was dismissed because the applicant, having had about 23 days, effected no service and produced no evidence of service, demonstrating lack of interest in expeditious prosecution

Reasoning

The court noted that the applicant was initially given about 14 days to serve the motion, which had been certified urgent. Service was not effected, and after a further adjournment of about 10 days there was still no evidence of service. The court concluded that the applicant was not interested in having the motion heard expeditiously, rendering the urgency certification superfluous and the inaction an abuse of process.

p. 2

Legal principles established

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  • Where an applicant fails to effect service on a certified-urgent motion despite adequate time, the urgency certification becomes superfluous and the inaction amounts to abuse of the court process justifying dismissal

Court orders

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  1. 1.The motion dated 1 November 2016 was dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Original employment and labour relations jurisdiction; motion under certificate of urgency

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Paul Kiprop Chepkuto v University Council - Moi University & 2 others [2016] KEELRC 282 (KLR)", Case Analysis (2016). Motion dated 1 November 2016 (ELRC, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/282/eng@2016-11-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.