By Andrew Kariuki
The Employment and Labour Relations Court in Nakuru has set aside an ex-parte judgment that had been entered against the Seventh Day Adventist Church, Central Rift Valley Conference, after finding that the organisation was never properly served with court documents in the case.
In the ruling, Justice Anna Ngibuini Mwaure held that the circumstances surrounding service of pleadings raised serious doubt as to whether the Respondent was ever notified of the case filed by former employee Jescah Gesare Ratemo, who had secured judgment on 18th June 2025.
The Church, through Executive Secretary Pr. Philip Isika, told the Court that it only learned of the judgment after seeing a notice in the Daily Nation on 24th June 2025. Upon inquiry, it discovered that all summons and pleadings had been sent to an email address it does not own(sdacrvc@gmail.com) instead of its official address, (info@crvc.adventist.or.ke.)
The Court found that the process server’s affidavit did not explain how the disputed email was obtained, nor did the Claimant file any response to clarify its origin. Justice Mwaure noted that the documents were repeatedly sent to the same incorrect address and copied to individuals whose association with the Respondent was unclear.
The Judge held that entering judgment based on uncertain service would violate a party’s fundamental right to be heard.
Citing established precedent, she affirmed that an irregular judgment, one entered without proper service, must be set aside ex debito justiciae, as a matter of judicial duty.
The Court further noted that the Respondent acted without delay by filing its application on 3, July 2025, less than a month after the judgment was issued.
Consequently, Justice Mwaure set aside the ex-parte judgment and all consequential orders, and granted the Respondent 14 days to file its defence afresh. Costs will be in the cause.
The ruling underscores the judiciary’s commitment to ensuring fairness and due process in labour disputes, emphasizing that no party should be condemned unheard because of improper or defective service.
