Evans Arthur Mukolwe v Attorney General & another [2020] KEELRC 901 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 901
- Citation
- [2020] KEELRC 901 (KLR)
Summary at a glance
TypeInterlocutory ApplicationPostureClaimant seeks to set aside ex parte stay orders and to file a response to the application for stay of execution.CoramNduma, Nyarangi, Onyango
The application is dismissed. The ex parte stay orders granted on 4th September 2019 are confirmed. The claimant is not granted leave to file a response to the application.
Facts
The claimant failed to respond to the application for stay of execution and did not attend court on 17th September 2019.
Issues
- Setting aside ex parte stay orders
- Claimant's right to fair hearing
Reasoning
The court found that the claimant's non-attendance was due to a clerical error and not a deliberate act. The court emphasized the importance of natural justice and the right to a fair hearing, but ultimately dismissed the application.
Outcome
Application dismissed
Orders
- Ex parte stay orders confirmed
- Claimant not granted leave to file response
Authorities cited
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