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ELRCAllowedELRC Cause No. E145 of 2022· [2025] KEELRC 1824 (KLR)

Kenya Engineering Workers Union v Metal Crowns Limited (Cause E145 of 2022) [2025] KEELRC 1824 (KLR)

Employment and Labour Relations Court
20 June 2025
JKJ.W. Keli
1,568 words in judgment
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The bottom line

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Kenya's Employment Court allowed an employer to file crucial documents late, ruling that fairness outweighs strict deadlines when the case is still undecided.

What this practically means

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Executive summary

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This is a ruling by the Employment and Labour Relations Court at Machakos (J.W. Keli, J) on the applicant's Notice of Motion dated 3rd March 2025, seeking stay of proceedings and leave to file its list and bundle of documents and witness statement out of time, deeming documents dated 3rd March 2025 filed within time. The applicant, through John Karari, explained that pre-trial directions had never been taken and crucial documents were erroneously left out during filing of the response to the claim. The claimant opposed, arguing the application was an after-thought, res judicata given two similar applications, and prejudicial since submissions were already filed. The court framed one issue: whether the application was merited. Applying Section 20 of the Employment and Labour Relations Court Act and Article 159(2)(d) of the Constitution, the court held it was in the interest of justice to allow the documents and witness statement in pursuit of substantive justice, distinguishing the Mombasa authority relied on by the claimant because the matter had not been determined and no judgment date set. The court allowed the late filing, awarded the union throw away costs of Kshs. 15,000 payable within 30 days failing which the order lapses, and directed mention on 21st July 2025 to confirm status and issue further directions. The application was allowed.

Key legal issues

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01

Whether leave to file documents and witness statement out of time should be granted

Holding

Yes - the court allowed the late filing, distinguishing the authority relied on because the matter had not been determined and no judgment date had been set

Reasoning

The court applied Section 20 of the Employment and Labour Relations Court Act and Article 159(2)(d) of the Constitution, which require the court to act without undue regard to technicalities. It noted the matter had not been determined nor a judgment date set, distinguishing the Mombasa authority relied on by the claimant. The prejudice to the claimant was addressed by an award of throw away costs rather than denying the filing, since the documents were deemed crucial to determining the real issue in controversy.

p. 3

Legal principles established

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  • Where documents are admitted late, the party prejudiced is compensated by throw away costs rather than outright refusal, in pursuit of substantive justice

Court orders

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  1. 1.Leave granted to the applicant to file its list and bundle of documents dated 3rd March 2025 out of time, deemed filed within time
  2. 2.Leave granted to the applicant to file its witness statement dated 3rd March 2025 out of time, deemed filed within time
  3. 3.Throw away costs of Kshs. 15,000 awarded to the union, payable in 30 days failing which the order lapses
  4. 4.Mention on 21st July 2025 to confirm status and issue further directions

Authorities

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Legislation

  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure RulesOrder 50 Rule 5
  • Civil Procedure Act Cap 21Sections 1A, 1B and 3A
  • Constitution of KenyaArticle 159(2)(d)
  • Employment and Labour Relations Court ActSection 20(1)
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rules 29 and 79(3)

Cases cited (4)

  • Richard Ncharpi Leiyagu v Independent Electoral Boundaries Commission & 2 others
    [2013] eKLR
  • ELRC Cause Number 615 of 2014 (Mombasa)
  • ELRC Appeal No. 37 of 2019 (Mombasa)
  • ELRC Cause Number E006 of 2024 (Mombasa)
Jurisdiction invoked
Order 51 Rule 1 and Order 50 Rule 5 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act Cap 21; Article 159(2)(d) of the Constitution; Section 20 of the Employment and Labour Relations Court Act

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, "Kenya Engineering Workers Union v Metal Crowns Limited (Cause E145 of 2022) [2025] KEELRC 1824 (KLR)", Case Analysis (2025). ELRC Cause No. E145 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1824/eng@2025-06-20

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