Wafula v Postal Corporation of Kenya [2025] KEELRC 336 (KLR)

Wafula v Postal Corporation of Kenya (Cause E053 of 2023) [2025] KEELRC 336 (KLR) (12 February 2025) (Ruling)

Neutral citation: [2025] KEELRC 336 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Cause E053 of 2023

AN Mwaure, J

February 12, 2025

Between

Andrew Juma Wafula

Appellant

and

Postal Corporation Of Kenya

Respondent

Ruling

1. The case was to proceed for hearing but the parties are clearly not ready for to proceed especially the Respondent.

2. The Respondent wishes to file a Preliminary Objection to determine the jurisdiction of this court. He is given four (4) days to file and serve the Preliminary objection and file his submissions on Preliminary objection within 3 days.The Claimant is to file their submissions on Preliminary objection within 4 days upon service by the respondent and case will be mentioned on 5th March 2025 to give a Ruling date to the Preliminary objection.

3. Claimant to avail their Notice of appointment of advocate to court physically by 18th February 2025.

5. Respondent to also avail their response to court physically and witness statements and the documents they purport to file by 14th February 2025 failure of which court will not consider them.

5. The claimant can file the reply to the Respondents response within 4 days if they wish but the court will determine the Preliminary objections before giving any further directions on the suit. No other indulgence will be given to the parties after 5th March 2025 whatsever.

6. The Respondent has misused a lot of Judicial time due to his laxity. He is to pay 30,000/= to the Claimants as throw away costs and 5,000/= as court adjournment fees before 5th March 2025. Copy of the Ruling to be provided to the parties upon paying court fees.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 12TH DAY OF FEBRUARY, 2025. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE