Okiro v Multimedia University of Kenya (Cause E606 of 2023) [2024] KEELRC 2115 (KLR) (26 July 2024) (Ruling)

Facts

The Claimant filed a Statement of Claim for salary arrears in 2021 and 2022. The Respondent failed to enter appearance and file a response. The Claimant sought formal proof hearing and reserved judgment. The Respondent's advocate filed a Notice of Appointment and an Application to set aside the judgment.

Issues

1. Whether the Court should set aside its judgment
2. Whether the Court should grant leave to the Respondent to file a Statement of Defence
3. Whether the Court should allow reopening of the matter

Reasoning

The Court exercised its discretion to not set aside the judgment due to the Respondent's failure to enter appearance and file a response. The Court also found that the Respondent had a reasonable defense which appeared on the face of the pleadings to contain considerable merit.

Outcome

The Court reserved judgment and did not grant the Respondent's application.

Authorities cited