Joyce N. Simitu v Stephen O. Mallowah & 2 others [2018] KEELRC 1907 (KLR)

REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. 653 OF 2012 (Before Hon. Justice Mathews N. Nduma) JOYCE N. SIMITU....................................CLAIMANT/RESPONDENT VERSUS STEPHEN O. MALLOWAH.............1ST RESPONDENT/APPLICANT LAWRENCE M. BOKORO..............2ND RESPONDENT/APPLICANT ANTI-COUNTERFEIT AGENCY....3RD RESPONDENT/APPLICANT RULING 1. Before court is an application dated 20th February, 2017 seeking the court to set aside its order to close the Claimant’s case, before he was cross-examined by counsel for the Respondent Mr. Munyua Ezekiel Njagi, of Rachier & Amollo Advocates and closure of defence case in default of attendance. 2. The court has carefully considered the application and the replying affidavit and is satisfied that, counsel for the Respondent developed abdominal complications on the eve of the hearing being the night of 15 th January, 2017 and was rushed to hospital on 16th January, 2017 and admitted. 3. That in the circumstances he was unable not only to attend court as scheduled but could also not reach his office to arrange for alternative attendance by his collegues. 4. Accordingly, the court varies its orders of 16 th January, 2017 and re-opens the case so that the advocate for the Respondent/applicant may cross-examine the Claimant and present the Respondent’s case. The directions to file submissions are stayed and to await closure of defence case. 5. Accordingly, the application succeeds. Case is re-opened and the Principal Judge to allocate the matter to any other Judge for continued hearing. 6. Costs in the cause. Dated and Signed in Kisumu this 24th day of April, 2018 Mathews N. Nduma Judge Delivered and signed in Nairobi this 30th day of May, 2018 Maureen Onyango Judge Appearances

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