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ELRCAllowedCause as filed on 15 July 2019 (number not stated in the judgment)· [2025] KEELRC 1670 (KLR)

Savali v City Oil Kenya Ltd (Cause 462 of 2019) [2025] KEELRC 1670 (KLR)

Employment and Labour Relations Court
9 June 2025
RSRadido Stephen
1,193 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court ruled that an unserved Notice of Withdrawal did not end a worker's unfair dismissal case, so his suit can now proceed to hearing.

What this practically means

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Executive summary

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The Claimant sued the Respondent on 15 July 2019 for unfair dismissal and withholding of terminal benefits. After directions in November 2019 for the filing of Agreed Issues (which the parties never filed), the Claimant filed a Notice of Withdrawal of Suit in June 2020. The Cause lay dormant until the Court prompted the parties in June 2024, and a hearing was eventually fixed for 3 March 2025. When the Cause was called, the Claimant orally applied to have the Notice of Withdrawal expunged from the record, arguing that he had filed it in the erroneous belief that an out-of-court settlement was likely, and that under the ELRC (Procedural) Rules, which are silent on withdrawal, a Notice required adoption by the Court before taking effect. The Respondent, relying on Order 25 Rule 1 of the Civil Procedure Rules and authorities including Beijing Industrial Designing & Research Institute v Lagoon Development Ltd, contended that withdrawal before setting down was an absolute right effective upon filing and could not be revoked. The Court held that the ELRC Procedure Rules 2016 and 2024 are silent on withdrawal, so recourse lies to the Civil Procedure Act and Rules; Order 25 Rule 1 requires service of the Notice on all parties, and there was no evidence of service. The Respondent had continued to participate, filing witness statements and indicating readiness for hearing. In the peculiar circumstances, the Notice did not automatically withdraw the Cause. The Court directed that the Cause proceed to hearing, with costs in the cause.

Key legal issues

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01

Effect of an unserved Notice of Withdrawal filed by a claimant

Holding

The Notice of Withdrawal did not automatically withdraw the Cause because it was not served on the Respondent as required by Order 25 Rule 1, and the Respondent continued to participate in the proceedings.

Reasoning

The ELRC Rules are silent on withdrawal, so Order 25 Rule 1 of the Civil Procedure Rules applies and requires service of the Notice on all parties. Service affords the adverse party an opportunity to address issues such as costs. There was no evidence of service; the Respondent filed witness statements and expressed readiness for hearing without objection, which the Court held made the withdrawal ineffective in the peculiar circumstances.

p. 3

Legal principles established

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  • Where the ELRC Procedure Rules are silent on the withdrawal of a suit, recourse is taken from the Civil Procedure Act and Rules.
  • A Notice of Withdrawal of a suit not yet set down for hearing must be served on all parties, and in the peculiar circumstances of a case it may not automatically withdraw the Cause.

Court orders

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  1. 1.The Cause to proceed to hearing
  2. 2.Costs in the cause
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court Act and the Employment and Labour Relations Court (Procedure) Rules 2016/2024

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, "Savali v City Oil Kenya Ltd (Cause 462 of 2019) [2025] KEELRC 1670 (KLR)", Case Analysis (2025). Cause as filed on 15 July 2019 (number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1670/eng@2025-06-09

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