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ELRCAllowedEldoret CMCC No. 51 of 2016 (Appeal)· [2025] KEELRC 1642 (KLR)

Angatia v Truck City Limited (Employment and Labour Relations Appeal E019 of 2024) [2025] KEELRC 1642 (KLR)

Employment and Labour Relations Court
30 May 2025
MOMaureen Onyango
2,175 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court reinstated a worker's injury claim, ruling a suit cannot be dismissed for delay without written notice to show cause first.

What this practically means

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Executive summary

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This was a first appeal to the Employment and Labour Relations Court at Eldoret against a ruling of the trial magistrate dismissing the appellant's application dated 23rd February 2024 seeking setting aside of an order dismissing his suit for want of prosecution. The underlying suit sought compensation for injuries allegedly sustained in employment on 17th July 2014; the appellant had testified and closed his case before the suit was stayed pending the Supreme Court's determination of jurisdiction over work injury claims in Nairobi Supreme Court Petition No. 4 of 2019 (Law Society of Kenya v Attorney General & COTU). The suit was thereafter dismissed on 28th March 2023 for want of prosecution without notice to show cause. The appeal proceeded by written submissions; the respondent did not participate. The appellant argued that the dismissal without notice breached Order 17 rule 2(1) of the Civil Procedure Rules, Rule 16(1) of the ELRC (Procedure) Rules 2016 and Article 50 of the Constitution, and that the trial court had failed to consider his affidavit evidence. Onyango J found that the trial court's ruling ignored the grounds and affidavit in support of the application - including the absence of a notice to show cause, the jurisdictional stay at the court's own initiative, and the fact that the application was unopposed - and instead determined it on grounds of indolence that the appellant had not raised. The court found merit in the appeal, set aside the trial court's decision dismissing the application, substituted an order allowing that application, reinstated the appellant's suit for hearing on merit by a differently constituted court, and ordered costs of the appeal to be in the cause.

Key legal issues

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Whether the trial court erred in dismissing the appellant's application to set aside the dismissal of his suit for want of prosecution

Holding

The appeal was allowed; the trial court ignored the grounds and affidavit evidence before it, including that no notice to show cause was issued and that the suit had been stayed pending the Supreme Court's jurisdictional determination on work injury claims, and determined the application on grounds not raised.

Reasoning

The impugned ruling made no mention of Order 17 rule 2 notice, the jurisdictional stay awaiting the Supreme Court decision in Law Society of Kenya v Attorney General, the deposition that the stay was at the court's initiative, or that the application was unopposed. The trial court instead decided the matter on indolence grounds not raised by the respondent, warranting appellate interference.

p. 5

Legal principles established

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  • Before dismissing a suit for want of prosecution the court must give notice in writing to the parties to show cause why the suit should not be dismissed, and a trial court determining an application for setting aside must consider the grounds and evidence actually placed before it.

Court orders

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  1. 1.The decision of the trial court dismissing the Appellant's application dated 23rd February, 2024 is set aside and substituted with an order allowing the application
  2. 2.The Appellant's suit is reinstated and will be heard and determined on merit by a court differently constituted
  3. 3.The costs of this appeal shall be in the cause

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 50
  • Civil Procedure ActSection 80
  • Civil Procedure RulesOrder 17 rule 2(1)
  • Civil Procedure RulesOrder 45 Rule 1
  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 16(1)
  • Work Injury Benefits Act

Cases cited (9)

  • Law Society of Kenya v The Hon. Attorney General & Central Organization of Trade Unions
    Nairobi Supreme Court Petition No. 4 of 2019
  • Unga v County Government of Meru
    (Cause E031 of 2021) [2022] KEELRC 13577 (KLR)
  • Jamnadas Sodha v Gorchandas Hemraj
    (1952) 7 U.L.R. 11
  • John Nahashon Mwangi v Kenya Finance Bank Limited (In Liquidation)
    (2015) eKLR
  • JMK v MWM & another
    [2015] eKLR
  • Vishva Builders Ltd v Moi University
    [2016] eKLR
  • Kennedy Otieno Odiyo & 12 others v Kenya Electricity Generating Company Limited
    (2010) eKLR
  • Selle & Another v Associated Motor Boat Company Ltd & Others
    [1968] EA 123
  • Shah v. Mbogo & another
    [1967] E.A. 116
On appeal from
Magistrates' Court, Eldoret
Eldoret CMCC No. 51 of 2016
Jurisdiction invoked
First appellate jurisdiction over the trial court's ruling dismissing the application for reinstatement/review

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Angatia v Truck City Limited (Employment and Labour Relations Appeal E019 of 2024) [2025] KEELRC 1642 (KLR)", Case Analysis (2025). Eldoret CMCC No. 51 of 2016 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1642/eng@2025-05-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.