Geoffrey Rono v Nakuru County AP Commander & 2 others [2016] KEELRC 706 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a court may stay its own undelivered judgment absent express statutory authority
Yes - the Court exercised its inherent jurisdiction to arrest the judgment before delivery and allow the defence hearing, on conditions
The Court acknowledged there is no specific statutory provision for staying delivery of judgment, but held that inherent jurisdiction permits a court of law, justice and equity to do substantial justice depending on the requirements of the case. The Respondents' advocate's inadvertent failure to diarise the hearing date, and the availability of post-judgment alternatives (set aside or review), were weighed, and the Court conditioned reopening on timelines and thrown away costs.
Whether the mistake of an advocate should be visited on the client
The Court was persuaded that justice favoured allowing the Respondents' case to be heard on the merits despite the advocate's mistake
The Respondents' counsel explained that counsel with the brief proceeded on leave and the holding colleague inadvertently failed to include the hearing date in his diary. The Respondents urged that a mistake of an advocate ought not be visited upon the client. The Court, balancing this against the Claimant's objection to the 4-month delay, allowed the application on conditions including thrown away costs.
Legal principles established
#- Absence of specific statutory provision does not disable a court from granting appropriate relief in exercise of its inherent jurisdiction to do substantial justice
Court orders
#- 1.Respondents to file and serve witness statements before 30 September 2016
- 2.In default of compliance, the application to stand dismissed and judgment to be prepared and delivered appropriately
- 3.Agreed issues to be filed before 14 October 2016; if not agreed, Claimant to file proposed issues before 21 October 2016
- 4.Respondents to pay Claimant's thrown away costs assessed at Kshs 25,000/- before hearing date
- 5.Cause to be mentioned on 24 October 2016 for further directions
- Jurisdiction invoked
- Inherent jurisdiction of the Court; Rule 25(2) of the Employment and Labour Relations Court Rules invoked by the Claimant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geoffrey Rono v Nakuru County AP Commander & 2 others [2016] KEELRC 706 (KLR)", Case Analysis (2016). Cause No 403 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/706/eng@2016-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.