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Tonio v Kenya Power & Lighting Co. Ltd (Cause 1359 of 2018) [2023] KEELRC 290 (KLR) (9 February 2023) (Ruling)

[2023] KEELRC 290 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
290
Citation
[2023] KEELRC 290 (KLR)
Decided
9 February 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent's Motion to Arrest Judgment and Set Aside Ex Parte ProceedingsCoramLINNET NDOLO
Holding

The respondent's motion is dismissed with costs to the claimant.

Facts

The respondent failed to appear in court on October 25, 2022, and later moved a motion for arrest/stay of judgment and set aside ex parte proceedings.

Issues

  1. Respondent's right to be heard
  2. Procedural fairness
  3. Access to justice

Reasoning

The court found the respondent's statements in the motion not supported by the court record and dismissed the motion as there was no valid reason for the court to exercise its discretion in favor of the respondent.

Outcome

Motion dismissed with costs to the claimant

Orders

  • Respondent to file final submissions within 7 days
  • Orders accordingly
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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