Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited (Cause E030 of 2024) [2025] KEELRC 1850 (KLR)
The bottom line
#A Kenyan employment court set aside a default judgment won without proper service, giving the company 14 days to finally file its defence.
What this practically means
#Executive summary
#Key legal issues
#Whether service of summons and hearing notices on the Respondent/Applicant was properly effected under Rule 28(1) of the ELRC (Procedure) Rules, 2024
The court doubted that service on the alleged employee 'Mr. Ali' constituted valid service on the corporate body and gave the Respondent the benefit of the doubt
Rule 28(1) requires service on a corporate body to be effected on its secretary, director or authorized officer, with alternative methods only when such officers are unavailable. The process server consistently claimed he served documents on 'Mr. Ali', whom the Respondent denied was an employee. The court had only the process server's affidavits and could not confirm Mr. Ali's employment, warranting the benefit of the doubt.
Whether the ex-parte proceedings and consequent judgment should be set aside
Yes; given doubt over service and triable issues raised in the draft defence, the application was allowed in terms of prayers 4 and 5
The right to be heard under Article 50 is fundamental. Where an irregular default judgment arises from lack of proper service, it must be set aside ex debito justitiae. Further, the draft Memorandum of Defence disclosed triable issues warranting a full trial, so denying the Respondent a hearing would be a miscarriage of justice.
Whether the Respondent/Applicant should be allowed to cross-examine the process server
No; cross-examination was refused as an unnecessary use of judicial time
The court observed that the truth of whether service was effected on Mr. Ali would be revealed at trial and that cross-examination at the interlocutory stage would waste judicial time and process.
Legal principles established
#- Where service of summons on a corporate body is doubtful and the judgment is potentially irregular, the court will give the party denying service the benefit of the doubt and set aside ex-parte proceedings to allow a hearing on the merits
- A default judgment entered without proper service is an irregular judgment that must be set aside as a matter of judicial duty, not discretion
Court orders
#- 1.The Respondent/Applicant is given 14 days to file its Memorandum of Defence together with its list of witnesses, witnesses' statements, list of documents, and documents to be relied upon during the trial
- 2.Failure to file as ordered, the court will proceed to deliver its judgment
- 3.Costs of the application will be in the cause
- Jurisdiction invoked
- Articles 23(1) and 50(1) of the Constitution 2010; Section 12(3)(viii) of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Solio Ranch Limited (Cause E030 of 2024) [2025] KEELRC 1850 (KLR)", Case Analysis (2025). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1850/eng@2025-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.