Bakery, Confectionery, Food Manufacturing & Allied Workers Union (K) v Kenafric Industries Limited (Cause E1035 of 2021) [2025] KEELRC 1297 (KLR)
The bottom line
#Kenya's Employment Court set aside a judgment against Kenafric Industries, but only after it deposited the decretal sum and paid the union wasted costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondent has given sufficient reasons for setting aside the judgment entered against it on 30 January 2025
- 2.Whether the discretion to set aside the ex parte judgment should be exercised in favour of the Respondent, and on what conditions
Key legal issues
#Whether failure to attend hearing due to alleged misdiarisation justifies setting aside judgment
The court found the explanation doubtful but, because the Respondent had evinced an intention to defend by filing a Response and witness statement, it allowed the defence to be ventilated on conditions
The court weighed the Respondent's excuse against objective evidence: the CTS system generated automatic SMS notifications and the Claimant served a hearing notice. Although the misdiarisation claim was doubtful, the Respondent had filed a Response raising arguable points and a witness statement, demonstrating an intention to defend. The discretion was therefore exercised in favour of setting aside the judgment, but subject to conditions - a deposit of the decretal sum and wasted costs - to balance the interests of both parties and do substantive justice.
Legal principles established
#- The discretion to set aside an ex parte judgment is exercised to do justice to the parties
Court orders
#- 1.The judgment delivered on 30 January 2025 is set aside on conditions that the Respondent deposits Kshs 229,021/- in Court and pays the Claimant wasted costs of Kshs 20,000/- on or before the close of 15 May 2025
- 2.In default of compliance with the conditions, the order setting aside the judgment will stand vacated without any further order from the Court
- 3.If the conditions are complied with, hearing will be conducted on a date to be agreed on hereinafter
- 4.Costs of the application to be in the cause (as sought in the Motion)
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court's inherent/appellate-free first-instance jurisdiction over a labour Cause; no specific provision cited
Relief refused
#Unconditional setting aside of the judgment
The court conditioned the setting aside on a deposit and payment of wasted costs, finding the explanation of misdiarisation doubtful
Costs
Costs of the application to be in the cause (as sought in the Motion); the Claimant was awarded wasted costs of Kshs 20,000/- as a condition of the setting aside
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The judgment delivered on 30 January 2025 is set aside on conditions that the Respondent deposits the sum of Kshs 229,021/- in Court and pays the Claimant wasted costs of Kshs 20,000/- on or before the close of 15 May 2025.
In default of compliance with the conditions, the order setting aside the judgment will stand vacated without any further order from the Court.
In this context, the Court will allow it to ventilate its defence on conditions.
The Respondent's explanation of misdiarisation in light of the fact that a hearing notice was served by the Claimant and a notification sent to the advocate's phone is doubtful.
Issues in the judgment
#The Motion's prayer (ii) is blank in the judgment text ('…'), so the full relief sought cannot be verified
The Cause number is not reproduced in the judgment text provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bakery, Confectionery, Food Manufacturing & Allied Workers Union (K) v Kenafric Industries Limited (Cause E1035 of 2021) [2025] KEELRC 1297 (KLR)", Case Analysis (2025). Not stated in the excerpt provided (referred to as a 'Cause'). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1297/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.