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ELRCDismissedNot stated in the judgment· [2018] KEELRC 1770 (KLR)

Aloys Mataya Moseti v County Government of Nyamira [2018] KEELRC 1770 (KLR)

Employment and Labour Relations Court
12 June 2018
DMD. K. Njagi Marete
1,258 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court refused to rescue an employer who ignored a case for months, ruling that equity aids the vigilant, not the indolent.

What this practically means

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Executive summary

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This was an application dated 27th April 2018 by the respondent/applicant in a claim in which a decree exceeding Kshs.1,700,000.00 had been entered against her. She sought certification as urgent, a stay of execution by way of a Notice to Show Cause pending determination of the application, reinstatement of her application dated 30th March 2017 (which had been dismissed for want of prosecution on 28th September 2017), conditional stay of execution upon depositing the decretal sum as security, and liberty to defend the claimant's claim. She grounded the application on her undertaking to deposit the decretal sum, the imminent threat of execution, the inadvertent dismissal of the 30th March 2017 application, and the rules of natural justice, contending that execution would cause hardship and render the proceedings nugatory. The claimant/respondent opposed by a Replying Affidavit sworn on 2nd May 2018, detailing the applicant's chronic indolence: failure to file a response for about six months after service, absence at inter partes mentions, and the dismissal of the earlier application for want of prosecution occasioned by her counsel's absence. He argued the court was functus officio and that the applicant's laxity and belligerence should not be rewarded. On 18th May 2018 the parties agreed to have the twin applications determined on the pleadings. The court agreed with the claimant, holding that the applicant had been overtly negligent and that equity aids the vigilant and not the indolent. The application was dismissed in toto with costs to the claimant/respondent.

Key legal issues

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Whether an indolent litigant deserves reinstatement of a dismissed application and stay of execution

Holding

The application was dismissed in its entirety because the applicant had squandered the opportunities given to her and was negligent in prosecuting her defence

Reasoning

The court traced the history of the suit: the applicant failed to file a response for about six months after service, was absent at mentions on 16th December 2016 and 21st March 2017, and her application dated 30th March 2017 was dismissed for want of prosecution on 28th September 2017 due to her counsel's absence. No good reason for reinstatement was advanced. The court held that equity aids the vigilant, not the indolent, and that the applicant should bear the consequences of her indolence.

p. 3

Legal principles established

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  • Equity aids the vigilant and not the indolent; a litigant who is negligent in prosecuting a claim or defence cannot obtain indulgence at the eleventh hour

Court orders

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  1. 1.The application dated 27th April, 2018 is dismissed in toto
  2. 2.Costs of the application awarded to the claimant/respondent
Jurisdiction invoked
Inherent jurisdiction of the court over stay of execution and reinstatement of a dismissed interlocutory application in a first-instance employment claim (no specific provision cited)

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, "Aloys Mataya Moseti v County Government of Nyamira [2018] KEELRC 1770 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1770/eng@2018-06-12

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