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ELRCOtherCause No. 357 of 2017 (Formerly Cause No. 53 of 2017 – Nakuru)· [2018] KEELRC 2591 (KLR)

Thomas Geofrey Kweyu v Abraham Kiptanui t/a Tarakwa Rurnitures Ltd & another [2018] KEELRC 2591 (KLR)

Employment and Labour Relations Court of Kenya
24 September 2018
MMM. Mbaru
418 words in judgment
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The bottom line

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Kenya's Employment Court cancelled a one-sided hearing because the defendant was never told the case had moved from Nakuru to Eldoret.

What this practically means

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Executive summary

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This is a directions ruling of the Employment and Labour Relations Court at Eldoret in Cause No. 357 of 2017, formerly Cause No. 53 of 2017 (Nakuru), a claim by Thomas Geofrey Kweyu against Abraham Kiptanui trading as Tarakwa Rurnitures Ltd and Tarakwa Furnitures Ltd. Although judgment was due, Mbaru J declined to deliver it after reviewing the file revealed procedural irregularities. The claim was filed at the Nakuru ELRC registry on 17th February 2017 and transferred to Eldoret on 10th October 2017. The Nakuru court had directed the Deputy Registrar to notify the parties of the transfer, but no record of such notice exists. Despite the transfer, a hearing notice was issued to the respondents to attend at Nakuru, which the court concluded was issued in error, and the respondents presumably remained unaware that the file had moved. On the strength of that notice, the claimant obtained a hearing date and proceeded to formal proof on 9th July 2018 on the basis that the respondents had neither entered appearance nor filed a defence and failed to attend. The court held that, in light of the Registrar's lapse and the service directed to the wrong venue, the respondents may not have had a fair chance to attend, and accordingly set aside the ex parte proceedings closing the claimant's case. It directed fresh service of summons and a mention notice on the respondents, and fixed mention for 15th October 2018 for directions. No costs order was made and no authorities were cited.

Key legal issues

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01

Whether the ex parte hearing and formal proof of 9th July 2018 were validly conducted

Holding

The ex parte proceedings were set aside because the respondents were served to attend hearing at Nakuru after the file had moved to Eldoret, and the Deputy Registrar never notified the parties of the transfer of the file.

Reasoning

The court noted that the Memorandum of Claim was filed at Nakuru and transferred to Eldoret on 10th October 2017. The Nakuru court directed the Deputy Registrar to inform the parties of the movement of the file, but no record of such notice exists. The claimant nonetheless caused a hearing notice to be issued at Nakuru, apparently in error, and obtained an ex parte hearing date. In these circumstances the respondents could not fairly have known where to attend, and the hearing could not stand.

p. 1

Legal principles established

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  • Where a court's file is transferred to a different registry and parties are not notified of the change, service and proceedings conducted at the former venue may be rendered ineffective and any ex parte proceedings liable to be set aside.

Court orders

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  1. 1.Proceedings leading to close of claimant's case on 9th July 2018 are set aside
  2. 2.Claimant to serve the respondents with summons and Mention Notice
  3. 3.Mention on 15th October 2018 for taking directions
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment causes (Cause No. 357 of 2017, transferred from Nakuru ELRC registry)

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, "Thomas Geofrey Kweyu v Abraham Kiptanui t/a Tarakwa Rurnitures Ltd & another [2018] KEELRC 2591 (KLR)", Case Analysis (2018). Cause No. 357 of 2017 (Formerly Cause No. 53 of 2017 – Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2591/eng@2018-09-24

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