Kenya Engineering Workers Union v Engineering Supplies Limited (Cause E006 of 2024) [2025] KEELRC 755 (KLR)
The bottom line
#A Kenyan employment court refused to rescue a company whose lawyer missed a filing deadline, calling it negligence, not an innocent mistake.
What this practically means
#Executive summary
#Key legal issues
#Whether an advocate's mistake in diarising a wrong date justifies deferring judgment and allowing late filing of submissions
No; the respondent failed to comply with the original directions and the extended 7-day period, no valid reason was given, and the application was an abuse of court process.
The court traced the compliance history: parties were given until 18 November 2024 to file submissions, only the claimant complied; on 18 November 2024 the respondent was given seven further days but filed nothing. The advocate holding brief never swore an affidavit explaining the wrong date taken. Deferring judgment would reward professional negligence.
Whether the 'mistake of counsel should not be visited on the client' principle applied
The court accepted the principle but distinguished innocent mistakes from professional negligence, holding the latter should be called what it is and should not be accommodated.
The court cited Nature Pharmacy Ltd v Gichuhi on innocent mistakes and George Buoro v Kenindia Assurance on professional negligence. Since counsel attending (holding brief) never explained the error by affidavit, the court treated the failure as professional negligence rather than an innocent mistake.
Legal principles established
#- Not every error by an advocate is an innocent mistake; professional negligence should be called what it is, and courts should not defer judgment to accommodate such negligence.
Court orders
#- 1.The application dated 24 January 2025 is dismissed
- 2.Costs to the claimant assessed at Ksh.50,000 to be paid within 30 days, after which it should attract interest at court rates
- Jurisdiction invoked
- Not expressly stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Engineering Supplies Limited (Cause E006 of 2024) [2025] KEELRC 755 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/755/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.