Amy Wanja Rurigi v Consolidted Bank of Kenya Limited [2021] KEELRC 36 (KLR)
The bottom line
#Kenya's Employment Court refused to reinstate a dismissed case, holding parties must track their own cause lists and court dates carefully.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders of 16th December 2020 could be reviewed or set aside
The application was refused as it mischaracterised what was dismissed and disclosed no ground for review
The court found that what was dismissed on 16th December 2020 was the claimant's application dated 24th November 2020, not the suit, which had already been dismissed on 24th November 2020 for non-attendance. The prayers sought were therefore at variance with the record. There was no new discovery, mistake, need for clarification or good cause; allowing the application would circumvent due process and prejudice the respondent.
Whether the claimant's failure to attend before Court No.2 was an excusable mistake
No - the claimant was required to consult the entire cause list including the Addendum, and her pattern of non-attendance weighed against her
The cause list posted on the Kenya Law website, with its Addendum, showed the matter was listed before Court No.2, which was the official record. Due diligence required the claimant to go through the entire cause list. Additionally, the claimant had previously been absent on 24th November 2020 and other dates, so her non-attendance history did not place her on good standing for the court to exercise its discretion in her favour.
Legal principles established
#- A review of court orders should only arise where there is discovery of new matter, a mistake, need for clarification or good cause
- Parties have a responsibility to show interest in and follow up their cases even when represented by counsel
Court orders
#- 1.Application dated 1st February, 2021 is found without merit and is dismissed with costs to the respondent
- Jurisdiction invoked
- Inherent review power over interlocutory orders (application for review/setting aside of orders of 16th December 2020)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amy Wanja Rurigi v Consolidted Bank of Kenya Limited [2021] KEELRC 36 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/36/eng@2021-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.