Rahab Wambui Nganga v Rural Development Solution Limited [2021] KEELRC 2395 (KLR)
The bottom line
#A Kenyan employment court threw out a company's bid to overturn a judgment because it ignored its own case for over a year and wrongly blamed its former lawyer.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent was duly served with the former advocates' application to cease acting and with the hearing notice
Service was properly effected through the respondent's last known postal address and through its director, Julius Kitur, via WhatsApp; the respondent did not deny the address
The Court found that Mr. Kirwa served the application to cease acting on the postal address 'P.O Box 2000 Village Market, Nairobi', which the respondent never denied was its last known address. Claimant's counsel further served director Julius Kitur by WhatsApp. Service of the hearing notice sent on 19th January, 2021 was acknowledged. The Court therefore found the claim of ignorance of the suit incredible.
Whether the application was brought promptly and in good faith
The application was inordinately late and not brought in good faith, and was dismissed
The former advocate withdrew on 27th November, 2019, yet the matter was heard on 16th March, 2021 - some one year and three months later - and the respondent took no steps in the interim to follow up its case. The Court held that a litigant cannot blame its advocate where it failed to keep in regular contact, the very reason the advocate withdrew. The application was therefore dismissed with costs.
Legal principles established
#- A party to a suit bears responsibility to follow up the progress of its case with its advocates and cannot simply blame the advocate for failing to update it
Court orders
#- 1.The respondent/applicant's Notice of Motion dated 26th May, 2021 is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over the employment dispute and interlocutory application therein
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rahab Wambui Nganga v Rural Development Solution Limited [2021] KEELRC 2395 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2395/eng@2021-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.