Maina v Kenya Fire Appliances Company Limited (Cause E215 of 2021) [2022] KEELRC 12795 (KLR) (29 September 2022) (Ruling)

Summary at a glance

Facts

The respondent entered appearance in the matter on April 21, 2022, but the advocate for the respondent fell ill and was away from work for most of the period between April 2021 and February 2022. The respondent was not admitted to the virtual proceedings on March 22, 2022.

Issues

• Whether the respondent's absence due to illness should be considered as a valid reason to vacate the ex parte proceedings.
• Whether the applicant should be allowed to file a statement of defence and proceed to trial afresh.

Reasoning

The court considers the case of Kiai Mbaki & 2 Others -vs- Gichuhi Macharia & Another [2005] eKLR and Gideon Mose Ochwati -vs- Kenya Oil Company Limited & Another [2017] eKLR, emphasizing the right to be heard and the court's discretion to extend time for failure to take vital actions during court proceedings.

Outcome

Application granted, proceedings not set aside

Orders

• Grant leave to file memorandum of defence and supporting documents within 21 days
• Proceedings not set aside
• Cross-examine the claimant followed by presentation of the defence case on a date to be allocated by the court

Authorities cited