Ngugi & another v Board of Management Kenya Hospital Association t/a Nairobi Hospital (Employment and Labour Relations Cause E248 of 2021 & Cause E251 of 2021 (Consolidated)) [2024] KEELRC 279 (KLR) (16 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 279
- Citation
- [2024] KEELRC 279 (KLR)
- Decided
- 16 February 2024
Summary at a glance
TypeEmployment and Labour RelationsPostureAppeal from an original trial decisionCoramOCHARO
The court expunges the documents and witness statements filed after the initial testimony of the claimants and orders the matter to proceed from where it left off.
Facts
The case involved two consolidated causes of action between Caroline Njeri Ngugi and Irene Jepkosgei Kibet against the Board of Management Kenya Hospital Association t/a Nairobi Hospital. The case was initially heard on September 20, 2022, but was postponed due to various applications and requests for more time.
Issues
- The admissibility of documents and witness statements filed after the initial testimony of the claimants.
- The prioritization of the case and the impact of the delay in filing documents and witness statements.
Reasoning
The court found that the documents and witness statements were filed after the initial testimony and that the Respondent did not provide a valid reason for not filing them earlier. The court also noted the prioritization of the case and the impact of the delay.
Outcome
The court orders the matter to proceed from where it left off.
Orders
- Expunge the documents and witness statements filed after the initial testimony of the claimants.
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