Nyambura v East Africa Safari Air Expresss (Cause 1399 of 2018) [2026] KEELRC 807 (KLR) (13 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 807
- Citation
- [2026] KEELRC 807 (KLR)
- Decided
- 13 March 2026
Summary at a glance
TypeAppealPostureRespondent seeks to set aside judgment and reopen matter
The judgment will not be set aside, and the Respondent will not be granted leave to reopen the matter.
Facts
Claimant won a judgment on March 8, 2024, but Respondent did not attend the hearing due to an application to cease acting. Respondent filed a Notice of Motion on November 11, 2025, seeking to set aside the judgment and reopen the matter.
Issues
- whether the judgment should be set aside
- whether the Respondent should be granted leave to reopen the matter
Reasoning
The Court exercised its discretion to not set aside the judgment due to the Respondent's failure to attend the hearing and the lack of evidence of deliberate obstruction. The Respondent should have taken steps to secure legal representation and participate in subsequent proceedings.
Outcome
The judgment will stand, and the Respondent will not be granted leave to reopen the matter.
Orders
- The judgment will not be set aside
- The Respondent will not be granted leave to reopen the matter
Authorities cited
⚠ 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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