Alfred Okuli Ekesa v Sas Security Services Ltd [2022] KEELRC 200 (KLR)
The bottom line
#Kenya's Employment Court refused to reopen ex-parte proceedings because the employer ignored court orders and showed no reason for missing its own hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether ex-parte proceedings should be set aside
Application dismissed; the Respondent was indolent, did not comply with orders of 25th November 2021 and showed no sufficient cause
The hearing date was fixed in the presence of both Counsel; the Respondent neither attended on 15th December 2021 nor filed documents as ordered on 25th November 2021, and gave no reasons for either default. Having already been granted one adjournment and leave to file documents, the Respondent squandered that opportunity. The Court declined to exercise its discretion a second time in favour of a party that slept on its right to be heard.
Whether setting aside ex-parte proceedings is a matter of right
No; it depends on the circumstances and on the applicant showing sufficient cause
The Respondent argued that fairness, natural justice and the overriding objective entitled it to be heard as of right. The Court rejected this, holding that justice cuts both ways and that a party whose indolence and unexplained non-compliance caused the ex-parte hearing cannot invoke fairness to undo it, applying the Muthui Muli decision.
Legal principles established
#- Equity does not aid the indolent; a party who sleeps on its rights and disobeys court orders cannot claim setting aside as of right
- Court orders must be obeyed and discretion will not be exercised in favour of a party who fails to comply without explanation
Court orders
#- 1.The Respondent's Notice of Motion dated 17th December 2021 is dismissed with costs to the Claimant
- 2.The suit to be mentioned in Court for fixing of a judgment date on 21st April 2022
- 3.Under Rule 38 of the ELRC (Procedure) Rules 2016, the Respondent may file written submissions if it so wishes, but only on matters of law
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules 2016, Rule 22(1)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alfred Okuli Ekesa v Sas Security Services Ltd [2022] KEELRC 200 (KLR)", Case Analysis (2022). ELRC suit of 2016 (Memorandum of Claim dated 9th August 2016), Mombasa. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/200/eng@2022-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.