Njoroge v Bio Foods Products Limited (Cause E019 of 2024) [2025] KEELRC 2261 (KLR)
The bottom line
#Kenya's Employment Court refused to reopen an ex parte award because the employer ignored every chance to file its defence.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte hearing violated the Respondent's right to fair hearing under Article 50
No violation; the Respondent was served, obtained serial adjournments and extensions of time, yet never filed a response.
The Respondent was served with summons and Statement of Claim on 16th May 2024 but never filed a response despite two 14-day extensions. On the hearing date the Court found that the Advocate's bereavement had no relationship with the failure to file a response. The Court held that availing multiple opportunities negated any claim of denial of fair hearing.
Whether the pending Chief Magistrate's Court claim and the preliminary objection justified reopening the suit
No; the Nakuru claim had been withdrawn by notice dated 17th April 2024, and the preliminary objection was withdrawn in open court on 15th October 2024.
The Respondent relied on a parallel claim over the same subject matter and a jurisdictional objection. The Court found the CM's claim was withdrawn on 17th April 2024, and Respondent's Counsel Ms. Salim concurred in open court that the preliminary objection had been withdrawn, paving way for extensions of time to file a response that never materialised.
Whether the application warranted stay of execution, leave and reopening
The application is wholly without merit and was declined with costs to the Claimant.
None of the grounds advanced had merit. The Court balanced the Respondent's procedural defaults against the Claimant's right to access the fruits of her litigation and the constitutional demand for expeditious administration of justice, and found reopening would itself breach Article 159(2)(b).
Legal principles established
#- A party cannot claim denial of fair hearing where it was granted multiple opportunities to respond and failed to use them.
- Counsel's bereavement does not excuse a party's unexplained failure to file pleadings within granted extensions of time.
Court orders
#- 1.The application by the Respondent dated 27th May 2025 is declined.
- 2.Costs to the Claimant.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Constitution (Article 162(2) context) and Article 50/159 invoked by parties; not expressly stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v Bio Foods Products Limited (Cause E019 of 2024) [2025] KEELRC 2261 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2261/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.