Oduor v Marigat Vocational Training Centre aka Marigat Youth Polytechnic & another (Employment and Labour Relations Cause 237 of 2017) [2024] KEELRC 220 (KLR)
The bottom line
#Kenya's Employment Court reinstated a worker's dismissed claim because his advocate died and he missed the hearing, but refused to move the case to Nakuru.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the suit for want of prosecution on 5th July 2023 should be set aside
The dismissal was set aside because the claimant's former counsel had died and the claimant was unaware of the hearing date.
The court noted the claimant's contention that he was unaware of the mention date and that his then advocate had died. The respondents did not address the death of the claimant's counsel in their response, and the applicant annexed an LSK website extract confirming the counsel's demise. On that basis the court held the claimant could not be condemned and had a right to a fair hearing, allowing reinstatement.
Whether the suit should be transferred to the Nakuru Chief Magistrate's Court
The transfer prayer was refused as without merit.
The applicant argued that the claimant's monthly salary of Kshs. 6,000 brought the matter within the magistrates' pecuniary jurisdiction and relied on Section 18 of the Civil Procedure Act. The respondents countered that the ELRC has original jurisdiction and no convincing reasons for transfer were given. The court agreed with the respondents and disallowed the transfer prayer without more.
Legal principles established
#- Where a party's failure to attend court is attributable to the death of their advocate and the party was unaware of the hearing date, the party cannot be condemned and retains the right to a fair hearing, justifying reinstatement.
Court orders
#- 1.The order of 5th July 2023 dismissing the suit for want of prosecution is set aside
- 2.Leave for the firm of Kiplenge, Andama & Makau Advocates to come on record for the claimant (by consent on 3/10/23)
- 3.The prayer to transfer the case to the Nakuru Chief Magistrate's Court is disallowed
- 4.Costs in the cause
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act; Order 12 Rule 7 and Order 51 of the Civil Procedure Rules 2010; Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oduor v Marigat Vocational Training Centre aka Marigat Youth Polytechnic & another (Employment and Labour Relations Cause 237 of 2017) [2024] KEELRC 220 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/220/eng@2024-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.