Joyce N. Simitu v Stephen O. Mallowah, Lawrence M. Bokoro & Anti-Counterfeit Agency [2018] KEELRC 1907 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 653 OF 2012
(Before Hon. Justice Mathews N. Nduma)
JOYCE N. SIMITU....................................CLAIMANT/RESPONDENT
VERSUS
STEPHEN O. MALLOWAH.............1ST RESPONDENT/APPLICANT
LAWRENCE M. BOKORO..............2ND RESPONDENT/APPLICANT
ANTI-COUNTERFEIT AGENCY....3RD RESPONDENT/APPLICANT
R U L I N G
1. Before court is an application dated 20th February, 2017 seeking the court to set aside its order to close the Claimant’s case, before he was cross-examined by counsel for the Respondent Mr. Munyua Ezekiel Njagi, of Rachier & Amollo Advocates and closure of defence case in default of attendance.
2. The court has carefully considered the application and the replying affidavit and is satisfied that, counsel for the Respondent developed abdominal complications on the eve of the hearing being the night of 15th January, 2017 and was rushed to hospital on 16th January, 2017 and admitted.
3. That in the circumstances he was unable not only to attend court as scheduled but could also not reach his office to arrange for alternative attendance by his collegues.
4. Accordingly, the court varies its orders of 16th January, 2017 and re-opens the case so that the advocate for the Respondent/applicant may cross-examine the Claimant and present the Respondent’s case. The directions to file submissions are stayed and to await closure of defence case.
5. Accordingly, the application succeeds. Case is re-opened and the Principal Judge to allocate the matter to any other Judge for continued hearing.
6. Costs in the cause.
Dated and Signed in Kisumu this 24th day of April, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 30th day of May, 2018
Maureen Onyango
Judge
Appearances
Rachier & Amollo Advocates for Respondents/Applicants
M/s. J. A. Guserwa & Co. Advocates for Claimant/Respondent
Anne Njung’e – Court Clerk