Masika & 26 others v Crown Beverages Limited [2025] KEELRC 352 (KLR)
Full Case Text
Masika & 26 others v Crown Beverages Limited (Cause 694 of 2017) [2025] KEELRC 352 (KLR) (13 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 352 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 694 of 2017
L Ndolo, J
February 13, 2025
Between
Nimrod Masika
1st Claimant
Vincent Busha
2nd Claimant
Dennis Ratemo
3rd Claimant
Francis Kabui
4th Claimant
Patrick Kingoo
5th Claimant
Naftal Oriaso
6th Claimant
Peter Orina
7th Claimant
Paul Waithaka
8th Claimant
Samiu Hasan
9th Claimant
Samwel Mwachaka
10th Claimant
John Gakuo
11th Claimant
John Muriuki
12th Claimant
Pasirio Ireri
13th Claimant
Simon Nderitu
14th Claimant
Steward Onyuro
15th Claimant
Jared Ondara
16th Claimant
Calvin Nyanamba
17th Claimant
Geofrey Kadenge
18th Claimant
Robert Atura
19th Claimant
Patrick Inyanje
20th Claimant
Vincent Mulwa
21st Claimant
Peter Nguru
22nd Claimant
Boniface Munayo
23rd Claimant
Maxwell Wanyiri
24th Claimant
Fredrick Mukhwana
25th Claimant
Peter Gitonga
26th Claimant
Kennedy Musundi
27th Claimant
and
Crown Beverages Limited
Respondent
Ruling
1. This ruling determines the Notice of Motion dated 21st November 2023, by which the Claimants seek leave to file their witness statement and consent to swear and testify, out of time.
2. The Motion is supported by an affidavit sworn by the Respondent’s Counsel, Duncan Oketch and is founded on the following grounds:a.That the main claim came up for hearing on 29th May 2023;b.That the hearing could not proceed as there was no witness statement or consent to swear/testify filed on behalf of the Claimants;c.That the hearing was adjourned and the Court directed the Claimants to file the said documents within 14 days;d.That Counsel with personal conduct of the matter was taken ill shortly thereafter and has been in and out of the office, sometimes for long periods of time;e.That the Respondent shall not suffer any prejudice if the application is allowed as prayed.
3. The application is not opposed and despite the delay in prosecuting it, I find and hold that the ends of justice would best be served by allowing the Claimants’ plea.
4. The further witness statement signed by the 12th Claimant, Geoffrey Kadenge, on 21st November 2023 and consent to swear and testify of even date are admitted as duly filed.
5. The costs of the application will be in the cause.
6. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 13TH DAY OF FEBRUARY 2025. LINNET NDOLOJUDGEAppearanceMr. Okatch for the ClaimantsNo appearance for the Respondent