Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 1420 of 2016) [2023] KEELRC 2997 (KLR)
The bottom line
#A Kenyan employment court refused to restart a seven-year-old case just because the judge and lawyer had changed, ruling the existing record stands.
What this practically means
#Executive summary
#Key legal issues
#Whether a fresh hearing should be ordered due to change of trial judge and counsel
The application was declined; the record taken by Makau J remains intact and there is no reason to begin the trial afresh
The respondent relied on section 146(4) of the Evidence Act and Order 18 rule 10 of the Civil Procedure Rules to seek recall of the claimant, citing a new trial Judge and new counsel. The Court held that this is a 2016 matter which has taken too long, that the court is a court of record, and that transfer of a judge or change of counsel without more cannot justify a de novo hearing. The proceedings recorded by Makau J were ordered typed and availed within fourteen days.
Legal principles established
#- Transfer of a trial Judge or change of counsel, without more, cannot justify commencing a hearing de novo, as the court is a court of record and the record remains intact
Court orders
#- 1.The respondent's application dated September 5, 2023 is declined with costs in the cause
- 2.The proceedings recorded by Makau J to be typed and availed to the parties within fourteen (14) days from the date of the ruling
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the ELRC (interlocutory application under section 146(4) of the Evidence Act and Order 18 rule 10 of the Civil Procedure Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 1420 of 2016) [2023] KEELRC 2997 (KLR)", Case Analysis (2023). Cause No 1420 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2997/eng@2023-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.