This archive report was first published on 16 July 2019.
On July 16, 2019, the Labour Court delivered a significant ruling in favour of Kirinyaga Construction Ltd, a company associated with Nyeri Senator Ephraim Maina.
The court dismissed a case filed by over 40 former workers who claimed Sh11 million in compensation for alleged unfair dismissal and salary arrears.
The workers, who had worked for the company between 2008 and January 2017, alleged that they were laid off without notice and remittance of their dues.
However, the court found that the claimants and their advocate failed to attend hearings, despite being aware that the case would be called.
Justice Nzioki wa Makau ruled that the claimants' lawyer did not swear an affidavit confirming that he sent his client to hold his brief, and that the claimants' representative was waiting outside the court instead of in the courtroom.
“Not surprisingly the advocate did not swear an affidavit confirming that he sent his client to hold his brief. The motion is not merited and claimants squandered their chance to be heard,” ruled the court.
The company had argued that there was no evidence to support the allegation that the workers were all present in court when the matter was scheduled for hearing.
They also stated that the claimants had shown unwillingness to prosecute their claims by not attending the hearings.
