Johnson Orina Otieno v Intersecurity Limited [2021] KEELRC 254 (KLR)
The bottom line
#Kenya's Employment Court reinstated a dismissed employment case, ruling that striking out a suit without a hearing is too harsh when justice can still be done.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the suit for want of prosecution on 27th September 2021 should be set aside and the suit reinstated
The application for reinstatement was allowed; the claimant was keen to prosecute the suit, substantial justice would be served, and the respondent would suffer no prejudice that cannot be remedied by costs.
The court applied established principles on reinstatement: courts should sparingly dismiss suits for want of prosecution; the discretion to set aside an order is wide; blunders by counsel should not deprive a party of a hearing on the merits; and the test is whether the delay is prolonged and inexcusable and whether justice can still be done. The claimant had attempted to fix hearing dates, was hampered by COVID-19 virtual court operations, instructed counsel late, and counsel's failure to log in was inadvertent. The application was unopposed and no prejudice to the respondent was shown.
Whether time should be enlarged for compliance with Order 11 of the Civil Procedure Rules
Time was enlarged; the claimant was granted 14 days to comply with Order 11 in preparation for pre-trial.
This was the secondary issue framed by the court and flowed directly from the reinstatement of the suit, since the original dismissal was premised on failure to comply with Order 11. The grant of reinstatement necessarily carried with it an enlargement of time to file documents in preparation for trial, and directions were given for pre-trial before the Deputy Registrar.
Legal principles established
#- Dismissal of a suit for want of prosecution is a draconian act and courts should exercise their discretion to reinstate where substantial justice will be served and no prejudice incapable of remedy by costs befalls the opposite party.
Court orders
#- 1.The application dated 29th September 2021 is allowed
- 2.The suit is reinstated for hearing and determination
- 3.The Claimant/Applicant has 14 days to comply with Order 11 of the Civil Procedure Rules
- 4.Pretrial before the Deputy Registrar on 20th January 2022 to confirm compliance and give hearing date
- 5.Claimant/Applicant to serve notice of pretrial date and file return of service
- Jurisdiction invoked
- Order 51 Rule 1, Order 50 Rule 6 of the Civil Procedure Rules 2010, Sections 1A, 1B and 3A of the Civil Procedure Act Cap 21 Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Adulo v Wassuna (Civil Suit 1440 of 2015) [2025] KEELRC 415 (KLR)[2025] KEELRC 415 (KLR)12 Feb 2025
Cite this brief
#Cite this brief
Caselaw, "Johnson Orina Otieno v Intersecurity Limited [2021] KEELRC 254 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/254/eng@2021-12-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.