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ELRCPartially Allowed· [2021] KEELRC 513 (KLR)

Lilian Kageha Omoke & others v Style Industries Limited [2021] KEELRC 513 (KLR)

Employment and Labour Relations Court
11 November 2021
AMAnna Ngibuini Mwaure
408 words in judgment
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The bottom line

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A Kenyan employment court admitted documents filed late after close of proceedings, but warned that future late filers will be locked out.

What this practically means

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Executive summary

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This interlocutory ruling of the Employment and Labour Relations Court at Nairobi, delivered by Anna Ngibuni Mwaure J on 11th November 2021, deals with the admissibility of a bundle of documents filed by the Respondent's advocates on 27th February 2020 after the close of proceedings and without leave of the court. The court observed that this is an old case of 2017 in which the parties had ample time to file all their pleadings and documents, and that the Respondent filed the bundle long after filing their response on 28th February 2018. For that default the Respondent was duly admonished. Nevertheless, exercising its discretion in the interests of justice and invoking Section 14(9) of the Employment and Labour Relations Rules, which provides that after close of pleadings the court may allow filing of a supplementary bundle of documents, the court admitted the Respondent's bundle as duly filed. The court sounded a firm warning that this conduct would not be practised in the court going forward, and that any party failing to file pleadings and documents in time would be locked out at their own inconvenience. The matter was referred to the Deputy Registrar on 23rd November 2021 to take another hearing date. The judgment was delivered virtually pursuant to the COVID-19 directions of the Chief Justice, with reliance on Articles 159(2)(d) and 48 of the Constitution and Section 1B of the Civil Procedure Act. No costs order is recorded.

Key legal issues

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Admissibility of documents filed after close of proceedings without leave

Holding

The bundle was admitted in the interests of justice despite the procedural default

Reasoning

The court noted this is an old 2017 case in which parties had ample time to file pleadings and documents, and that the Respondent filed the bundle long after filing their response on 28th February 2018. The Respondent was admonished, but the court exercised discretion under Section 14(9) of the Employment and Labour Relations Rules to admit the supplementary bundle in the interests of justice, while warning that late filing will not be tolerated in future.

p. 2

Legal principles established

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  • After close of pleadings the court may, in the interests of justice, allow filing of a supplementary bundle of documents under Section 14(9) of the Employment and Labour Relations Rules
  • Late filing attracts judicial admonition and future non-compliance may result in a party being locked out

Court orders

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  1. 1.The Respondent's bundle of documents dated 27th February 2020 is admitted as duly filed under Section 14(9) of the Employment and Labour Relations Rules
  2. 2.The Respondent is admonished for the late filing of the bundle of documents
  3. 3.The case is referred to the Deputy Registrar on 23rd November 2021 to take another hearing date

Authorities

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Legislation

  • Employment and Labour Relations RulesSection 14(9)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
Jurisdiction invoked
Employment and Labour Relations Rules, Section 14(9); Article 159(2)(d), 48 of the Constitution and Section 1B of the Civil Procedure Act for the mode of delivery

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, "Lilian Kageha Omoke & others v Style Industries Limited [2021] KEELRC 513 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/513/eng@2021-11-11

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