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Okeyo v Green Wells Energies Limited (Cause E077 of 2025) [2026] KEELRC 818 (KLR) (23 March 2026) (Ruling)

[2026] KEELRC 818 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
818
Citation
[2026] KEELRC 818 (KLR)
Decided
23 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent seeks to set aside ex parte proceedings and orders, and for the suit to be set down for hearing on its merits.CoramNZIOKI WA MAKAU
Holding

The Court permits a reopening of the case to permit the defense to present its case and orders the Respondent to pay the Claimant thrown away costs of Kshs. 30,000/- within 7 days of the Ruling.

Facts

The Respondent claims inadvertence due to counsel's failure to inform the personal conduct of the matter, leading to the absence of counsel at the hearing. The Claimant argues that the Respondent's counsel's internal administrative lapses should not be visited upon him.

Issues

  1. Setting aside ex parte proceedings and orders
  2. Reopening the case for the Respondent to present its case

Reasoning

The Court allows the reopening due to inadvertence rather than deliberate default, noting the failure by Ms. Jael Akinyi to notify her senior.

Outcome

The case is reopened for the Respondent to present its case.

Orders

  • Respondent to pay the Claimant thrown away costs of Kshs. 30,000/- within 7 days of the Ruling
  • Respondent to have to demonstrate payment of the sum ordered as directed by the Court when the case is mentioned on 20th April for further directions as to hearing
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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