Major Edwin Macharia v Attorney General [2014] KEELRC 320 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 320
- Citation
- [2014] KEELRC 320 (KLR)
- Decided
- 21 July 2014
Summary at a glance
TypePetitionPostureRespondent failed to attend hearing; Petitioner seeks to recall and cross-examine RespondentCoramJames Rika
Orders of 12th March 2014 are varied; Petitioner may be recalled for cross-examination and re-examination at a date to be agreed upon by the Parties at the Registry
Facts
Petition filed in High Court was transferred to Industrial Court. Respondent did not attend hearing on 12th March 2014. Respondent filed an application to set aside proceedings.
Issues
- Service of Hearing Notice
- Attorney General's failure to attend hearing
- Respondent's right to cross-examine Petitioner
Reasoning
Respondent's failure to attend hearing was due to an internal clerical error, which is considered excusable. Petitioner has fulfilled her obligations.
Outcome
Petition is recalled for cross-examination and re-examination
Orders
- Petitioner may be recalled for cross-examination and re-examination at a date to be agreed upon by the Parties at the Registry
- Respondent to pay Petitioner costs of Kshs.10,000 payable before the next hearing date
Remedies
- Petitioner may be recalled for cross-examination and re-examination at a date to be agreed upon by the Parties at the Registry
- Respondent to pay Petitioner costs of Kshs.10,000 payable before the next hearing date
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