JMK V. MWM & MFS

JUDGMENT OF THE COURT

In this appeal, the appellant, JMK, is aggrieved by the ruling and order of the Industrial Court at Mombasa, (Makau J.), dated 3^rd October 2014 in which the learned judge declined to review and set aside his judgment dated 30^th May 2014, so as to afford the appellant an opportunity to be heard. By that judgment, the learned judge held that the appellant, who was not a party to Industrial Court Cause No 268 of 2013 in which the judgment was entered, had sexually harassed the 1^st respondent, MWM. Accordingly he awarded her, as against her employer at the material time, MFS (the 2^nd respondent), Kshs 500,000 as general damages. For completeness of the record, the Industrial Court has been renamed the Employment and Labour Relations Court by the Statute Law (Miscellaneous) Amendment, Act, 2014, which came into force after the ruling in question. For convenience however, we shall refer to the court as the Industrial Court.

The undisputed facts are that at all material t…