Odhiambo Owiti & Co Advocates v Equator Bottlers Ltd [2022] KEELRC 177 (KLR)
The bottom line
#A Kenyan employment court dismissed Equator Bottlers' attempt to overturn a costs ruling, confirming that advocates holding brief must be ready to argue cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the review threshold under the applicable rules was met
The review application failed to meet the threshold and was without merit
The Court examined its own record and found that parties had been directed on multiple occasions to file and exchange responses and submissions, both before the High Court and before itself. Having filed submissions, the applicant could not claim it was not heard. The claim that the matter was listed for mention was found to be an afterthought.
Whether an advocate holding brief deprives a party of a hearing
No - a holding-brief advocate must be ready to argue the case
The Court held that the duty of an advocate holding brief is not confined to seeking adjournments; the advocate appearing should be prepared to argue the matter. The contention that the party was thereby denied a hearing was found neither candid nor supported by case law or practice.
Whether the Court considered the applicant's submissions
The Court had expressly considered the submissions in its earlier Ruling
In the Ruling sought to be reviewed, the Court had explicitly stated it considered the submissions on record. This ground of review therefore had no factual foundation.
Legal principles established
#- The obligation of an advocate holding brief extends beyond seeking an adjournment; such an advocate should be ready to argue the case.
- Review applications in the ELRC are governed by the Employment and Labour Relations Court (Procedure) Rules, 2016, not Order 45 of the Civil Procedure Rules.
Court orders
#- 1.The Motion dated 10 March 2022 is dismissed
- 2.Further costs of the application awarded to the advocate/applicant
- Jurisdiction invoked
- Review jurisdiction under the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odhiambo Owiti & Co Advocates v Equator Bottlers Ltd [2022] KEELRC 177 (KLR)", Case Analysis (2022). Motion dated 10 March 2022 (arising from judgment adopted on 10 March 2022 in Odhiambo Owiti & Co. Advocates v Equator Bottlers Ltd). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/177/eng@2022-04-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.