Francis Gitau Kamau v Factory Guards Limited [2018] KEELRC 1360 (KLR)
The bottom line
#The Employment Court refused to reinstate a dismissed worker's case until the court registry completes its search for the missing case file.
What this practically means
#Executive summary
#Key legal issues
#Determination of whether notice to show cause was served prior to dismissal of the Cause
The Court could not determine the applicant's contentions on service without the court file and required the registry to verify with the appropriate registers
The applicant gave two inconsistent explanations for non-attendance on 7 April 2017: inadvertence, and lack of notification of the hearing date. The Court noted the file could not be traced, per the Deputy Registrar's letter of 15 March 2018, and without it could not assess whether the service contentions were factual. It therefore directed further tracing efforts and a report back rather than granting the substantive relief.
Consistency of the applicant's explanations for non-attendance
The Court observed that the applicant's two explanations for failing to attend on 7 April 2017 were inconsistent
The applicant admitted non-attendance was due to inadvertence while simultaneously deposing that no notification was given of the hearing during the 2017 service week. The Court flagged this inconsistency as undermining the reliability of the explanations, reinforcing the need to verify service through the registry records before deciding whether to set aside the dismissal.
Legal principles established
#- Where the original court file cannot be traced, the registry must demonstrate sufficient efforts to locate it before the Court can rule on service and dismissal-related contentions
Court orders
#- 1.The Deputy Registrar directed to make further efforts to trace the original court file
- 2.The Deputy Registrar to confirm with appropriate registers whether hearing notice/show cause were served
- 3.The Deputy Registrar to report back to the Court on 24 October 2018
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court over Cause No. 35 of 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Gitau Kamau v Factory Guards Limited [2018] KEELRC 1360 (KLR)", Case Analysis (2018). Cause No. 35 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1360/eng@2018-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.