Chabari v Tharaka Nithi County Government & another (Civil Appeal 293 of 2019) [2025] KECA 558 (KLR) (28 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 558
- Citation
- [2025] KECA 558 (KLR)
- Decided
- 28 March 2025
The Court of Appeal found that the appellant's counsel's failure to attend court was not an excusable mistake and that the dismissal of the claim was not intended to derail the hearing.
Facts
The appellant, Frankline JB Chabari, filed a claim against the Tharaka Nithi County Government and the County Public Service Board, alleging that his appointment was revoked in violation of Article 236(b) of the Constitution of Kenya 2010. The 1st and 2nd respondents denied the allegations and sought to dismiss the claim.
Issues
- Whether the failure to attend court by the appellant's counsel on the hearing date constituted an excusable mistake.
- Whether the dismissal of the claim was intended to derail the hearing of the claim.
Reasoning
The Court held that counsel's mistake should not be visited upon an innocent litigant, but counsel has a duty to act in the best interests of the administration of justice. The Court emphasized the right to be heard and the importance of substantive justice.
Outcome
Affirmed the ruling of the Employment and Labour Relations Court.
Authorities cited
Cases cited (5)
- Selle vs Associated Motorboat Company (1968) E.A.
- Shah vs Mbogo & Another (1967) EA 1116.
- Philip Keipto Chemwolo & Another vs Augustine Kubende (1986) eKLR
- Tana and Athi Rivers Development Authority vs Jeremiah Kimigho Mwakio, Patrick K. Mulisho, Mohamed Godhana & Amos Amitai (2015) KECA 674 (KLR)
- Richard Ncharpi Leiyagu vs Independent Electoral and Boundaries Commission & 2 Others (2013) eKLR
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