[2016] KEELRC 1355 (KLR)
The court found that the Claimant had failed to take any steps to prosecute the cause for over four years since the last action on 22 October 2012. Despite being notified of the service week and hearing date, neither the Claimant nor her advocate appeared in court. The Respondent's preliminary objection regarding...
Source-derived case information.
- Citation
- [2016] KEELRC 1355 (KLR)
- Parties
- Claimant: Ann Wanjiku Mwangi; Respondent: Invesco Assurance Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 418 of 2012
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection and Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Limitation Periods, Preliminary Objection, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Wanjiku Mwangi
Claimant
Invesco Assurance Co. Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection and Non Prosecution
Legal Issues
- 1 Whether the suit is statute barred under section 90 of the Employment Act, 2007.
- 2 Whether the cause should be dismissed for non-attendance and non-prosecution.
Ratio Decidendi
The court found that the Claimant had failed to take any steps to prosecute the cause for over four years since the last action on 22 October 2012. Despite being notified of the service week and hearing date, neither the Claimant nor her advocate appeared in court. The Respondent's preliminary objection regarding limitation was noted but not prosecuted. The court exercised its discretion to dismiss the cause for non-attendance and non-prosecution, emphasizing the need to manage backlog and ensure expeditious disposal of cases. The dismissal was based on the Claimant's inaction and failure to prosecute the matter, rather than a determination on the merits of the preliminary objection.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 418 OF 2012
ANN WANJIKU MWANGI CLAIMANT
v
INVESCO ASSURANCE CO. LTD RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondents on11 March 2012 alleging unlawful termination of employment.
2. The Respondent filed a Notice of Preliminary Objection on 5 October 2012 contending that the suit was statute barred in terms of section 90 of the Employment Act, 2007.
3. The objection was not prosecuted.
4. There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 22 October 2012.
5. As a way to deal with the backlog in the Court’s Nairobi registry, the Deputy Registrar notified the public through online and newspaper notices of a service week running from 18 April 2016 to 22 April 2016.
6. Specific hearing notices were also sent to the litigants and or their Advocates.
7. When this Cause was called out for hearing, there was no appearance/representation for the Claimant. Ms. Munene appeared for the Respondent and informed the Court of the objection.
8. The Court orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon