Musyimi v Kobian [Kenya] Limited (Cause 399 of 2018) [2023] KEELRC 650 (KLR)
The bottom line
#Kenya's Employment Court refused to consolidate two cases because the employer waited four years without explaining the delay, dismissing the application as a delay tactic.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent's application for consolidation of this suit with ELRC Cause Number 897 of 2018 should be granted
The application failed for want of a timely and sufficient explanation of the four-year delay in seeking consolidation, and appeared designed to delay the trial.
Both suits were filed in 2018 and no consolidation application was made for four years. The supporting affidavit was silent on the delay. The respondent had indicated readiness to proceed at the hearing of 28 June 2022, and only sought consolidation after the claimant's case had closed. The court held that unexplained, inordinate delay disentitles an applicant from the consolidation discretion, and that the application was ill prompted and calculated to delay final disposal.
Legal principles established
#- A party seeking consolidation that does not move timeously must sufficiently explain the delay; absent such explanation, the court's discretion in its favour is unavailable.
Court orders
#- 1.The Respondent's application for consolidation of this suit with ELRC Cause Number 897 of 2018 is dismissed with costs
- Jurisdiction invoked
- Rule 17 and 23[a] and [b] of the Employment and Labour Relations Court [Procedure] Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Musyimi v Kobian [Kenya] Limited (Cause 399 of 2018) [2023] KEELRC 650 (KLR)", Case Analysis (2023). Cause No 399 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/650/eng@2023-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.