[2017] KEELRC 1540 (KLR)
The court determined that, despite the parties' failure to take action or appear for the scheduled hearing, it would be just to provide a final opportunity before dismissing the Cause. The Deputy Registrar was directed to issue a show cause notice to both parties, requiring them to explain why the Cause should not...
Source-derived case information.
- Citation
- [2017] KEELRC 1540 (KLR)
- Parties
- Applicant: Apollo Mwalemu Nzano; Applicant: Davis Kimutai Chirchir; Respondent: Telkom Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 434 of 2013
- Procedural Posture
- Employment Cause / Ruling on Progress and Directions for Show Cause Notice
- Outcome
- Show cause notice to be issued; no dismissal at this stage.
- Judges
- MSA Makhandia
- Legal Topics
- Case Dismissal Procedure, Show Cause Notice, Non Attendance, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apollo Mwalemu Nzano
Applicant
Davis Kimutai Chirchir
Applicant
Telkom Kenya Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Progress and Directions for Show Cause Notice
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to parties' inaction and non-attendance.
- 2 Whether parties should be given a final opportunity to prosecute the Cause before dismissal.
Ratio Decidendi
The court determined that, despite the parties' failure to take action or appear for the scheduled hearing, it would be just to provide a final opportunity before dismissing the Cause. The Deputy Registrar was directed to issue a show cause notice to both parties, requiring them to explain why the Cause should not be dismissed for want of prosecution. This approach balances the need for expeditious disposal of cases with the parties' right to be heard, in line with procedural fairness and the Civil Procedure Rules.
Court Disposition
Show cause notice to be issued; no dismissal at this stage.
Orders
- The Deputy Registrar is directed to issue a dismissal show cause notice to the parties.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 434 OF 2013
(Originally Nairobi High Court Civil Case No. 592 of 2009)
APOLLO MWALEMU NZANO …………………..1ST CLAIMANT
DAVIS KIMUTAI CHIRCHIR……………....……...2ND CLAIMANT
VERSUS
TELKOM KENYA LIMITED……………………......RESPONDENT
RULING
1. The last time the Cause was before Court was on 24th September 2015 when the parties proposed on how to determine the Cause.
2. Mbaru, J before whom the file was placed directed the parties to agree on the way forward and have the Cause fixed for mention.
3. The parties did not take any action and on 8th March 2017, the Deputy Registrar issued hearing notices to the parties.
4. When the Cause was called out for hearing on 3rd April 2017, none of the parties appeared.
5. Considering that the file was before Court just about a year ago, it would be prudent to give the parties a last chance.
6. The Deputy Registrar is therefore directed to issue a dismissal show cause notice to the parties.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Thuita Kiiru & Co. Advocates
For Respondent Iseme Kamau & Maema Advocates
Court Assistant Nixon