Paul Kiriinya v Delfina Kathiri [2018] KEELRC 658 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 658
- Citation
- [2018] KEELRC 658 (KLR)
- Decided
- 8 November 2018
The court allows the application for case to start afresh, noting the plaintiff's lengthy testimony and the emotional nature of the case involving a mother and son.
Facts
The plaintiff, Paul Kiriinya, testified on January 22, 2014, and was cross-examined and re-examined on March 17, 2014. The case was listed for a defense hearing on July 26, 2018, where the plaintiff's counsel requested to start the case afresh due to emotional and personal reasons.
Issues
- Whether the case should start afresh due to emotional and personal reasons
- Whether the court should follow the law and facts or emotions
Reasoning
The court finds that the plaintiff's evidence was lengthy and that the relationship between the parties is that of a son and a mother, which may require the demeanor of the witness to be observed. The court also notes that the case was never closed and that the court's country-wide fast-tracking of cases over five years old applies to this matter.
Outcome
The court allows the application for case to start afresh.
Orders
- The hearing is to kick off as indicated by the court's previous indication that the case should proceed.
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