Musega v Nairobi Water & Sewerage Co Ltd [2024] KEELRC 1671 (KLR)

Musega v Nairobi Water & Sewerage Co Ltd (Employment and Labour Relations Petition E234 of 2023) [2024] KEELRC 1671 (KLR) (27 June 2024) (Ruling)

Neutral citation: [2024] KEELRC 1671 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Employment and Labour Relations Petition E234 of 2023

MN Nduma, J

June 27, 2024

Between

Lucy Wanjiku Musega

Petitioner

and

Nairobi Water & Sewerage Co Ltd

Respondent

Ruling

1. The applicant in the application dated 7/3/2024 prays for an order in the following terms: -a.Spentb.Spentc.This honourable court be pleased to stay execution of the ex-parte ruling and order of 29/2/2024 pending hearing and determination of the petition dated 8/12/2023. d.This honourable court be pleased to set aside in their entirety the ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024. e.This honourable court be pleased to grant leave to the respondent/applicant to file the necessary pleadings and be heard on the application and petition dated 8/12/2023. f.The costs of this application be provided for

2. The gist of the application is that the respondent concealed material facts hence misled the court to make a ruling in which it issued ex-parte orders on 29/2/2024, in that the respondent/petitioner had already been dismissed from employment on 8/11/2023 before she filed this petition on 11/12/2023.

3. The application is not opposed, the respondent having failed to file a replying affidavit despite service of the application and hearing notice.

4. The application is therefore granted as prayed and the court makes the following orders:-a.The ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024 are set aside.b.The respondent/applicant is granted leave to file necessary pleadings and be heard on the application and petition dated 8/12/2023. c.Costs in the cause.

DATED AT NAIROBI THIS 27TH DAY OF JUNE, 2024Mathews Nderi NdumaJUDGEAppearance:Mr. Nyambone Advocates for respondent/applicantMr. Kemboi, Court Assistant