Osiko v Isiolo Teachers Sacco Society Limited (Cause 20 of 2018) [2020] KEELRC 1946 (KLR)
The bottom line
#Kenya's Employment Court refused to reinstate a suit dismissed after non-attendance, because litigants cannot assume courts sit at their usual venue.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the suit for non-attendance should be set aside and the suit reinstated
The application was dismissed; the non-attendance was not shown to be inadvertence or an excusable mistake and the applicant did not demonstrate he was within the court premises
The court applied the discretionary principles in Patel v E.A. Cargo Handling Services Ltd and Shah v Mbogo, which confine setting aside to avoiding injustice from accident, inadvertence or excusable mistake, and exclude parties deliberately obstructing justice. Because a dismissal terminates the suit, the same footing applies. Announcements are made each morning at Meru Law Courts as to where courts sit, so parties cannot assume the usual venue. The applicant did not demonstrate he was in the premises.
Legal principles established
#- The court's discretion to set aside an ex-parte order or judgment is wide but intended to avoid injustice from accident, inadvertence or excusable mistake, not to assist a party who deliberately obstructs or delays the course of justice
- Litigants cannot assume the court is sitting at its usual place; dismissal for non-attendance where the party has not demonstrated presence in the court premises will not be set aside on grounds of inadvertence
Court orders
#- 1.The Claimant's notice of motion dated 5th October 2019 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Inherent discretionary power of the court to set aside its own orders (discretionary jurisdiction under the court's rules; no specific provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Osiko v Isiolo Teachers Sacco Society Limited (Cause 20 of 2018) [2020] KEELRC 1946 (KLR)", Case Analysis (2020). Notice of motion dated 5th October 2019 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1946/eng@2020-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.