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ELRCDismissedNot stated in judgment· [2021] KEELRC 645 (KLR)

Jonah Mwaura Ngugi v Safaricom PLC [2021] KEELRC 645 (KLR)

Employment and Labour Relations Court
26 October 2021
2,002 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to reopen a closed case because the applicant's party slept on court directions after the money had already been paid out.

What this practically means

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Executive summary

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The respondent in an employment claim (judgment having been entered against it on 23rd September 2019 for Kshs 3,290,083.92 plus costs) applied by notice of motion dated 10th May 2021 to set aside orders of 4th May 2021 by which the court marked the file as closed, and to reinstate its pending Notice of Motion dated 18th August 2020 for hearing. The applicant explained that its advocate was indisposed on the mention date and that the 2020 application, on which directions had been given, remained unprosecuted. The claimant opposed, arguing the court was functus officio, the matter had been concluded by consents under which the decretal sum and taxed costs were paid to him, and the pending application had been overtaken by events; reinstating it would abuse court process. The court reviewed the record: after directions of August 2020, the applicants took no steps until February 2021, missed the 4th May 2021 mention, and a consent adopted on 28th August 2020 had allowed release of the decretal sum and taxed costs to the claimant, with execution stayed upon payment. The court held the applicants had gone to sleep, the pending application was overtaken by events, and no reason existed to vary the closure order. The application was dismissed with no order of costs.

Key legal issues

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01

Whether the orders of 4th May 2021 closing the file should be set aside

Holding

The orders were not varied; the applicants' inaction and the concluded state of the matter meant no sufficient cause was shown

Reasoning

The court traced the history: after directions of 25th August 2020 the applicants took no steps until February 2021, then failed to attend the mention on 4th May 2021. A consent dated 24th August 2020 had allowed release of the decretal sum and taxed costs to the claimant, effectively concluding the matter. The court found no reason to disturb the closure order.

p. 3
02

Whether the application dated 18th August 2020 should be reinstated

Holding

The application was not reinstated as it had been overtaken by events and its prayers were no longer capable of being granted

Reasoning

The decretal sum and taxed costs had already been released to the claimant pursuant to a consent adopted by the court on 28th August 2020, and execution was stayed upon payment. Reinstating the pending application would serve no purpose and, as the claimant argued, would amount to an abuse of process since litigation must come to an end.

p. 3

Legal principles established

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  • A party who fails to comply with or follow up on court directions after a consent finalising the matter cannot have the file reopened

Court orders

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  1. 1.The application dated 10th May 2021 is dismissed
  2. 2.There will be no order of costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 12 Rule 7
  • Constitution of Kenya, 2010Article 50

Cases cited (6)

  • Wachira Karani v Bildad Wachira
    [2016] eKLR
  • Joswa Kenyatta v Civicon Limited
    [2020] eKLR
  • Jersey Evening Post Limited v Al Thani
    [2002] JLR 542 at 550
  • Evans Kidero v Speaker Nairobi County Assembly & Another
    [2015] eKLR
  • Patrick Gathenya v Esther Njoki Rurigi and Another
    [2008] eKLR
  • Kivanga Estate Limited v National Bank of Kenya Limited
    [2017] eKLR
Jurisdiction invoked
Inherent and discretionary powers of the court, including Order 12 Rule 7 of the Civil Procedure Rules

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, "Jonah Mwaura Ngugi v Safaricom PLC [2021] KEELRC 645 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/645/eng@2021-10-26

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