Michael Njoroge v Barclays Bank Ltd & another [2016] KEELRC 1585 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1585
- Citation
- [2016] KEELRC 1585 (KLR)
- Decided
- 11 March 2016
The Court dismisses the objection by the Hon. Attorney General.
Facts
The Claimant filed a cause of action against the Respondents for damages for malicious prosecution and special damages for advocates' costs incurred during the criminal trial of the Claimant. The Hon. Attorney General filed a Notice of Preliminary Objection disputing the Court's jurisdiction to entertain the aspect of the Claimant's cause of action.
Issues
- Court's jurisdiction to entertain the aspect of the Claimant's cause of action relating to damages for malicious prosecution and special damages for advocates' costs incurred during the criminal trial of the Claimant.
- Filing of objections in Causes and keeping them in abeyance without prosecution
Reasoning
The filing of objections in Causes and keeping them in abeyance without prosecution is antithetical to the objective of the establishment of this Court to ensure expeditious determination of disputes. Employment disputes by their nature should not be in the Court’s docket for nearly a year, and more so preliminary objections.
Outcome
The objection by the Hon. Attorney General is dismissed.
Orders
- The parties are directed to file witness statements, any further documents and agreed issues before 1 April 2016, to enable the Cause to be fixed for hearing on the merits.
Loading judgment…