Pariyo v MC Builders Limited (Employment and Labour Relations Petition E091 of 2022) [2024] KEELRC 1126 (KLR)

The court found that M/s Amanya & Company Advocates uploaded an unsigned Notice of Appointment of Advocates on 30th November 2022 and never paid the requisite court fees. Since the document was unsigned it was invalid, and without payment of fees it could not be deemed validly filed. Consequently the firm was never on record, rendering the application to reopen prepared by it a non-starter.

Rule 15 of the Mutunga Rules obliges a respondent to enter appearance and file a replying affidavit or grounds within seven days, with further documents within fourteen days - a total of twenty one days. The Respondent's Reply was uploaded on 9th October 2023, more than a year after service, without leave. Rule 16 permits hearing an unopposed petition in a respondent's absence, subject to the court's power to set aside proceedings.

The court noted Mr. Amanya had previously told the court he had filed a response and an application to reopen when neither was on record. Having made nonsense of the canon that counsel's word should be his bond, the court held it was entitled to require corroboration - the diary extract - before believing his assertion that he had erroneously diarized the hearing date.