Caselaw

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU CAUSE NO. 758 OF 2014 DAVID DELEWA BARUA 1st CLAIMANT MARY MUKAMI GICHERU 2nd CLAIMANT v GOOD BREAD KENYA LIMITED RESPONDENT RULING 1. The Respondent filed a motion on 30 May 2017 seeking 1) THAT the firm of JACKSON OMWENGA & CO ADVOCATES be allowed and or leave be granted to cease acting for the respondent. 2) THAT the costs of this application be provided for. 2. When the application was placed before Court on 19 July 2017, the Respondent’s advocate informed the Court that the application had not been served. The Court directed that the application be served upon all the parties and scheduled hearing for 9 October 2017. 3. However, on 9 October 2017, it turned out that the firm of advocates on record for the Respondent had not served the Claimant and the Respondent. 4. The explanation given was that the advocate who held brief on 19 July 2017 (Mr. Ombeta) had not correctly relayed the orders/directions given by the Court. 5. In the view of the Court, the advocate on record for the Respondent has not been diligent in serving the application as required by the practices and rules of Court. 6. The Court therefore orders that the motion dated 6 April 2017 be dismissed with costs to the Claimant. Delivered, dated and signed in Nakuru on this 13th day of October 2017. Radido Stephen Judge Appearances For Claimant Mr. Oumo instructed by Korongo & Co. Advocates For Respondent Mr. Momanyi instructed by Jackson Omwenga & Co. Advocates Court Assistants Nixon/Martin