Waka v Sammer Agriculture & Livestock Kenya Limited (Cause 2167 of 2016) [2022] KEELRC 4015 (KLR) (29 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4015
- Citation
- [2022] KEELRC 4015 (KLR)
- Decided
- 29 September 2022
Summary at a glance
TypeLabour DisputePostureAppeal from a dismissal of a claim for non-attendanceCoramJAMES RIKA
The application seeking reinstatement of the claim is dismissed with no order on the costs and filed closed, as earlier ordered.
Facts
The claimant's Statement of Claim was dismissed for non-attendance on December 15, 2021. The claimant failed to attend NTSC on November 18, 2021, and again on December 21, 2021, despite being notified.
Issues
- Whether the claimant's Statement of Claim should be reinstated due to non-attendance
- Whether the claimant's failure to file and serve an affidavit explaining the delay is a consistent failure
Reasoning
The court found consistent failure by the claimant to attend court when notified, and the failure to file and serve an affidavit explaining the delay.
Outcome
Dismissed
Orders
- Application seeking reinstatement of the claim is dismissed with no order on the costs and filed closed, as earlier ordered.
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