Matheka v Kenyatta National Hospital (Cause E241 of 2021) [2025] KEELRC 897 (KLR)
The bottom line
#Kenya's Employment Court revived a dismissed worker's case because the record could not prove both parties were properly told about a changed hearing date.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the Cause for want of prosecution should be set aside
The Court vacated the dismissal, giving the Claimant the benefit of doubt because the record did not establish proper notification of the altered Notice to Show Cause date.
The Cause was dismissed after a Notice to Show Cause following non-attendance on 22 April 2024. However, the record did not show how or why the return date changed from 27 May 2024 to 31 May 2024, nor whether parties were notified of the change, and the Claimant's affidavit did not disclose how he knew of the 31 May 2024 date. Faced with these unexplained irregularities, and without demonstrated prejudice to the Respondent displacing the claim, the Court elected to give the Claimant the benefit of doubt and vacate the dismissal, directing the Cause to hearing.
Whether an advocate's mistake should be visited on the client
The competing positions were noted: the Claimant relied on the principle that an advocate's mistake should not be visited on the client, while the Respondent contended diligence by the client is required; the Court did not expressly adopt either principle but resolved the matter on the defective notice record.
Counsel relied on conflicting authorities: Ham v SOS on not punishing a client for counsel's mistake, and Okogo v Omoro on excusing such mistakes only where the client was diligent, pointing to three prior non-appearances. The Court did not decide the point as a principle; instead it examined the record and found unexplained alterations to the Notice to Show Cause dates, which grounded the discretionary relief rather than an articulation of the mistake-of-advocate doctrine.
Legal principles established
#- A party may be given the benefit of doubt where the record does not show how or whether parties were notified of a change of the hearing date, when a suit is dismissed after a Notice to Show Cause.
Court orders
#- 1.The order dismissing the Cause on 30 May 2024 is vacated
- 2.The Cause to be progressed to a hearing
- Jurisdiction invoked
- Inherent powers of the Employment and Labour Relations Court to set aside its own orders (Motion under the Court's procedural rules; no specific provision quoted in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Matheka v Kenyatta National Hospital (Cause E241 of 2021) [2025] KEELRC 897 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/897/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.