Alice Wangui Mwangi v Loxea Limited [2022] KEELRC 245 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 245
- Citation
- [2022] KEELRC 245 (KLR)
- Decided
- 21 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication for Urgent HearingPostureClaimant seeks urgent hearing, priority hearing, and written submissionsCoramAburili
Holding
The application is rejected as there is no compliance with pre-trial requirements to prompt the court to certify the suit to be heard on priority basis.
Facts
Claimant was employed by Respondent on 5 December 2011 and was declared redundant on 31 March 2021. She was dismissed on 30 April 2021. Claimant applied for residency in Canada and filed a notice of motion.
Issues
- Whether the urgency of the case justifies an urgent hearing and priority hearing
- Whether the case should be heard on written submissions
Reasoning
The court emphasizes the need for due process and adherence to pre-trial requirements before certifying a case for priority hearing. The evidence on record is insufficient to justify the urgency of the case.
Outcome
Application rejected
Authorities cited
Legislation (2)
- Civil Procedure Act
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (3)
- Josephine Ndenyi v Vishak Builders Ltd
- Japheth Pasi Kilonga & 8 others v Mombasa Autocare Limited
- Fitzpatrick v Batger & Co. Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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