Mwahendo v Muslims for Human Rights (Cause E020 of 2024) [2025] KEELRC 2882 (KLR)
The bottom line
#A Kenyan employment court reinstated a worker's dismissed lawsuit, ruling his lawyer's honest mistake about a hearing date should not cost him his day in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the claim for want of prosecution should be set aside on account of counsel's misdiarising of the hearing date
The application was meritorious; the mistake was inadvertent and not challenged by the Respondent, and the dismissal order was set aside with the claim reinstated.
The Court found the discretion to set aside ex parte orders must be exercised judiciously with regard to Articles 48 and 50. The Claimant gave a credible explanation of misdiarising by counsel, which the Respondent did not displace. The Claimant had attended all previous dates and was keen to prosecute the claim, so counsel's mistake should not be visited on the client.
Legal principles established
#- The court's discretion to set aside ex parte proceedings must be exercised judiciously, having regard to the constitutional rights of access to justice and fair hearing.
- The burden lies on the applicant to show a sufficient reason for non-attendance, but what constitutes sufficient reason depends on the circumstances of each case.
- An advocate's inadvertent mistake should not be visited upon the client.
Court orders
#- 1.The order dismissing the Claimant's claim is set aside
- 2.The claim is reinstated for hearing on merit on a priority basis
- 3.Each party to bear its own costs
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act, 2014 and rule 74(1)(a), (2) and (3) of the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwahendo v Muslims for Human Rights (Cause E020 of 2024) [2025] KEELRC 2882 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2882/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.