Owiti & 173 others v Caddell Construction Company (De) LLC (Miscellaneous Application E076 of 2024) [2025] KEELRC 1918 (KLR) (25 June 2025) (Ruling)

Summary at a glance

Facts

The Claimants filed a class action suit against the Defendant on June 18, 2022, and the Defendant failed to respond within the stipulated time. The matter was scheduled for hearing on February 5, 2024, but the Defendant sought an adjournment citing logistical challenges. The trial court denied the adjournment and directed the Claimants to file written submissions.

Issues

• Whether the proceedings of February 5, 2024 violated the Defendant’s right to a fair hearing.
• Whether the Court should stay the proceedings and set aside the trial court’s directions.
• Whether the application complies with procedural requirements under the Employment and Labour Relations Court (Procedure) Rules, 2016.

Reasoning

The court found that the Defendant had nearly two years to file its defense but failed to do so despite being granted an extension. The court also noted that the Defendant’s conduct suggested lack of diligence and that the trial court was justified in proceeding accordingly under Rule 15(3).

Outcome

Appeal dismissed with costs to the Claimants/Respondents.

Authorities cited