Sigilai v Kenya Forest Service (Cause E015 of 2024) [2025] KEELRC 624 (KLR)
The bottom line
#An employer that ignored court papers and skipped hearings lost its bid to overturn a reinstatement judgment, with costs awarded against it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent's application to set aside the default judgment ought to succeed
The application was declined; the Respondent's default was attributable to its own negligence, not any excusable mistake
The Respondent was served with the Statement of Claim on 25th March 2024 but did not enter appearance or file a Response within the 28 days prescribed by Rule 29 of the E&LRC (Procedure) Rules, 2024. It was served with Mention Notices but stayed away from court on successive dates. It filed its Statement of Response on the e-filing platform only after receiving a Hearing Notice, without leave and without serving it on the Claimant. It gave no explanation for its absence on the formal proof date, even to seek leave to file out of time. The Respondent's claim that its only error was missing a letter in the Claimant's email address was rejected; the failure to attend court and to comply with the Rules was the real cause.
Whether the Claimant's invocation of Order 10 Rule 6 of the Civil Procedure Rules for default judgment vitiated the proceedings
No prejudice was occasioned; the Court did not enter default judgment under those provisions and the Claim proceeded by formal proof under Rule 31 of the E&LRC (Procedure) Rules, 2024
The Court noted that Order 10 Rule 6 of the Civil Procedure Rules is inapplicable to proceedings of the Employment and Labour Relations Court, the correct route being Rule 31 of the E&LRC (Procedure) Rules, 2024. However, since the Court never made an order entering default judgment under the Civil Procedure Rules and the matter was properly scheduled for formal proof, the misstep caused no prejudice to the Respondent and could not invalidate the subsequent judgment.
Legal principles established
#- Where a Respondent has failed to enter appearance or file a defence, the correct procedure under Rule 31 of the E&LRC (Procedure) Rules, 2024 is for the Claimant to apply for directions that the matter proceed to formal proof as an undefended suit; Order 10 Rule 6 of the Civil Procedure Rules does not apply to E&LRC proceedings
- A Statement of Response filed out of time without leave of the Court, and not served on the Claimant, does not entitle a Respondent to set aside a judgment entered after formal proof, particularly where the Respondent also failed to attend court on mention and hearing dates
Court orders
#- 1.The Application filed by the Respondent dated 17th September 2024 is declined
- 2.Costs to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sigilai v Kenya Forest Service (Cause E015 of 2024) [2025] KEELRC 624 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/624/eng@2025-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.