Maurice Otieno Ngicho & 2 others v Brinks Security Services Limited [2020] KEELRC 1469 (KLR)
The bottom line
#Kenya's Employment Court reinstated three dismissed employment claims after ruling that a registry error in serving the wrong hearing notice caused the claimants' absence.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant's failure to attend court on 17th October 2018 justified dismissal of the suit
The dismissal could not stand because the registry had served a hearing notice indicating 16th October 2018 while the matter was actually fixed for 17th October 2018.
The court found, and the Respondent conceded, that the Claimant was served with a hearing notice indicating hearing on 16.10.2018. The matter was nonetheless fixed for 17.10.2018. The court attributed the mix-up to the registry itself, so the Claimant's non-attendance flowed from erroneous court process rather than the Claimant's own default, making the dismissal disproportionate.
Whether the application for reinstatement was an afterthought given the delay in filing
No; the delay did not defeat the application because the underlying non-attendance was attributable to the registry's error.
The Respondent argued the application, filed over seven months after dismissal, was an afterthought with no explanation for delay, relying on Timothy Mworia M'twaruchiu. The court did not engage with the delay in detail but grounded its decision on the registry's mistake in serving the wrong hearing notice, finding the application merited on that basis.
Legal principles established
#- Where the court registry mis-serves hearing notices indicating a wrong hearing date, the failure by a party to attend on the actual hearing date cannot be visited against that party.
Court orders
#- 1.The dismissal orders issued on 17th October 2018 by Hon. Lady Justice Hellen Wasilwa are set aside
- 2.The dismissed suits Nos. 1382/2014, 1381/2014 and 1383/2014 are reinstated for hearing and disposal on merit
- 3.Costs in the cause
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act; Sections 1A, 1B and 3A of the Civil Procedure Act; Rule 22(2) of the Employment and Labour Relations Court Rules; Order 12 Rule 7 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Otieno Ngicho & 2 others v Brinks Security Services Limited [2020] KEELRC 1469 (KLR)", Case Analysis (2020). Notice of Motion dated 9th May 2019 (suits Nos. 1382/2014, 1381/2014 and 1383/2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1469/eng@2020-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.