Christopher Otieno v Load Trailers (E.A.) Limited [2020] KEELRC 960 (KLR)
The bottom line
#Kenya's Employment Court refused to revive a wrongful dismissal suit because the claimant and his lawyer waited too long and showed no real interest in pursuing the case.
What this practically means
#Executive summary
#Key legal issues
#Whether counsel's non-attendance and subsequent delay were excusable
The delay was inordinate and inexcusable; counsel was reckless in failing to send a holding brief or peruse the file
The court found the explanation of an emergency unsupported by particulars and the alleged statement by a court clerk unverified. Counsel failed to instruct another advocate or peruse the file. The application was filed over a year after dismissal, and a further month after discovery, both periods being inordinate and unexplained.
Whether the claim had triable issues warranting reinstatement
No triable issues; the probationary contract abated naturally on its terms
The claim concerned wrongful termination of a 3-month probationary contract as SAP Administrator. Neither party mentioned renewal or extension, so the contract abated naturally. The Claimant did not personally depone to any interest in prosecuting the case, and the conduct showed disinterest, so reinstatement would only prejudice the Respondent.
Whether the Claimant personally demonstrated interest in prosecuting the claim
He did not; no affidavit from the Claimant himself was sworn
The application was supported only by the Advocate's affidavit, despite the Claimant pleading a good case with triable issues. The Claimant did not explain his whereabouts on the hearing date or express any personal interest in prosecuting the case, indicating lack of faith in the claim.
Legal principles established
#- Principles governing reinstatement of suits dismissed for want of prosecution: inordinate delay, whether delay is intentional/contumelious, abuse of process, risk to fair trial or prejudice, prejudice to plaintiff from dismissal, explanation offered, and the dictates of the interest of justice
Court orders
#- 1.The Claimant's notice of motion application dated 15th August 2019 is dismissed
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 12 Rule 7 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christopher Otieno v Load Trailers (E.A.) Limited [2020] KEELRC 960 (KLR)", Case Analysis (2020). Employment Cause (Memorandum of Claim dated 9th November 2015; application for reinstatement) — number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/960/eng@2020-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.