Nduati v Teachers Service Commission (Cause 1137 of 2017) [2023] KEELRC 285 (KLR)
The bottom line
#A Kenyan employment court refused to award costs even though the teacher won, because her own delayed documents caused the dispute.
What this practically means
#Executive summary
#Key legal issues
#Whether costs should follow the event where the claim is resolved mid-litigation by payment
Costs are discretionary; despite the claimant's legitimate claim, the respondent's payment resolved the dispute and the claimant's conduct precipitated the litigation, so each party bears its own costs.
The court has unfettered discretion under section 12(4) ELRC Act and Rule 29(1) of the ELRC (Procedure) Rules, guided by the factors in Biashara Sacco. The respondent acted reasonably on the documents supplied by the claimant, which showed a 1957 date of birth, while the claimant withheld her ID and birth certificate showing 1960 until retirement arose. The payment addressed the substratum of the claim, making it unjust to condemn the respondent with costs.
Legal principles established
#- Costs are at the discretion of the court and the ELRC is not bound by the principle that costs follow the event.
- In awarding costs the court considers the conduct of the parties, the subject of litigation, the circumstances leading to the proceedings, the events leading to their termination, the stage of termination, the parties' relationship and the need to promote reconciliation under Article 159(2)(c).
Court orders
#- 1.Each party to bear its own costs
- 2.It is so ordered
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2011, section 12
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduati v Teachers Service Commission (Cause 1137 of 2017) [2023] KEELRC 285 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/285/eng@2023-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.