Auma v Maseno University & 2 others (Cause E010 of 2022) [2023] KEELRC 2813 (KLR) (9 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2813
- Citation
- [2023] KEELRC 2813 (KLR)
- Decided
- 9 November 2023
Summary at a glance
TypeApplication to Reopen DefencePostureClaimant seeks to reopen the defence to cross-examine Respondents' witnessCoramCHRISTINE N. BAARI
The application is allowed, and the Respondents are ordered to recall their witness for cross-examination
Facts
The Claimant's counsel was not present for the hearing on 3rd July, 2023, and the Respondents proceeded with their case without cross-examining the witness.
Issues
- Whether the Claimant's application to reopen the defence should be allowed
- Whether the Respondents' counsel's argument about being in another court is valid
Reasoning
The Claimant's counsel was served with notices at every instance when the matter was in court, and the application was not fixed for hearing until 25th September, 2023. The counsel's argument about being in another court is unsubstantiated.
Outcome
Application allowed
Orders
- Respondents to recall their witness for cross-examination
Remedies
- Costs to be in the cause
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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