Shem Opiyo Ogango v Shiva Carriers Limited (Cause 1207 of 2010) (Employment and Labour) [2017] KEELRC 1852 (KLR)
The bottom line
#Kenya's Employment Court set aside an order made when the case wasn't on the hearing list, confirming parties deserve a fair chance to be heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the non-attendance of the Claimant's Advocate on 22.9.2014 justified review of the Ruling of that date
Yes - the Cause List showed the application was not listed for hearing on 22.9.2014, so the non-attendance was not intentional and the order made that day was reversed and set aside
The Court examined the record and the annexed Cause List, which demonstrated that the application was not listed for hearing on 22.9.2014 despite counsel's efforts to fix it. The Claimant's counsel had instructed holding counsel and a court clerk to trace the file, and had written to the Deputy Registrar for a hearing date. Given this, the ex parte allowance of the Respondent's application on a date when it was not listed constituted an error apparent on the face of the record warranting review.
Legal principles established
#- Where an application was not listed for hearing on the date it was decided, the resulting order is an error apparent on the face of the record and may be reviewed and set aside
Court orders
#- 1.The order given on 22.9.2014 allowing the Respondent's Application in terms of prayers 3, 4 and 5 is reversed and set aside
- 2.The Respondent's Application dated 4.8.2014 may be set down for hearing inter partes
- Jurisdiction invoked
- Rule 32 of the Industrial Court (Procedure) Rules 2010 and Section 12(3) of the Industrial Court Act 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shem Opiyo Ogango v Shiva Carriers Limited (Cause 1207 of 2010) (Employment and Labour) [2017] KEELRC 1852 (KLR)", Case Analysis (2017). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1852/eng@2017-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.