Paul Kilonzo v Silpack Industries Ltd [2017] KEELRC 817 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 1391 OF 2014

PAUL KILONZO  ………………………….….......……  CLAIMANT

VERSUS

SILPACK INDUSTRIES LTD .….…………………  RESPONDENT

Claimant in person

Mr. Atonga for respondent

RULING

1. The matter proceeded for hearing on 12th July 2016 although the matter had been listed for hearing on the day.  The record shows that the parties had on 4th July 2016 agreed that the matter be mentioned before court on 12th July 2016 for setting of a hearing date.

2. The advocate for the respondent had asked for the file to be placed aside for him to come to court at 12. 00 a.m. but he did not turn up.

3. It would appear that the court heard the matter in error on the day, the parties having obtained a mention date.

4. Accordingly, the judgment of the court delivered on 9th September 2016 is set aside and the matter to proceed afresh.

Dated and delivered at Nairobi this 28th day of July, 2017.

MATHEWS NDERI NDUMA

PRINCIPAL JUDGE