Geoffrey Omboko Owuor v Kenya Power & Lighting Co. Limited [2021] KEELRC 947 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA

AT NAIROBI

CAUSE NO. E431 OF 2020

GEOFFREY OMBOKO OWUOR..........................................CLAIMANT

VERSUS

THE KENYA POWER &LIGHTING CO. LIMITED....RESPONDENT

RULING

1. The Claimant/Applicant seeks through the notice of motion application dated 4th June 2021 for the reinstatement of the suit which was dismissed for non-attendance. The evidence adduced suggests that the error in failing to attend the hearing cannot be entirely attributable to the Claimant as even the Respondent was absent. There is no need to delve into the authorities cited or the arguments advanced. As the suit can be reinstated it is so reinstated with directions to issue on the next step – to wit – the hearing date for the matter. The motion shall have no order as to costs since the error in not attending is non-attributable to either party.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF SEPTEMBER, 2021

NZIOKI WA MAKAU

JUDGE