Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2024] KEELRC 2317 (KLR)
The bottom line
#A Kenyan employment court reinstated a union's dismissed lawsuit so it could be heard fairly, but made the union pay costs for missing the hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the medical incapacity of the claimant's representative constituted sufficient cause for review under Rule 33
No sufficient cause was proved because no affidavit from the absent representative confirmed the medical condition, but the suit was nonetheless reinstated so the claim could be heard on the merits, with costs to the respondent.
Rule 33 requires discovery of new matters, error apparent, need for clarification, or sufficient cause. The court relied on Wachira Karani and the Official Receiver cases on sufficient cause. The representative Makale, whose presence the court recorded, swore no affidavit explaining his absence; third-party affidavits could not substitute. Yet punishment of the claimant for counsel's conduct would defeat the merits. Reinstatement was granted but with costs to the respondent.
Legal principles established
#- Sufficient cause for review requires that the party did not act negligently or without bona fides, and discretion must be exercised judiciously
- Good cause for review is not limited to discovery of new matters, error apparent on the face of the record, or mistake
- A party should not be punished for the conduct of its attending representative, though caution is warranted against casual treatment of proceedings
Court orders
#- 1.The suit dismissed on 28 May 2024 is reinstated to be heard on the merits
- 2.The claimant will meet costs due to the respondent assessed at Ksh. 20,000
- Jurisdiction invoked
- Sections 12 and 16 of the Employment and Labour Relations Court Act and Rule 33 of the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2024] KEELRC 2317 (KLR)", Case Analysis (2024). Application dated 6 June 2024 (in claim dated 17 May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2317/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.