[2016] KEELRC 1326 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over four years since the last attempt to fix a hearing date. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of expeditious disposal of cases and...
Source-derived case information.
- Citation
- [2016] KEELRC 1326 (KLR)
- Parties
- Claimant: Beatrice Chepkemoi; Respondent: Naivas Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2285 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Chepkemoi
Claimant
Naivas Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance.
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 attempt to fix a hearing date. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of expeditious disposal of cases and to address backlog, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
Cause dismissed for non-attendance and want of prosecution.
Orders
- This 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
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2285 OF 2012
BEATRICE CHEPKEMOI CLAIMANT
v
NAIVAS LIMITED RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondent on 13 November 2012 alleging unfair and unlawful termination of employment.
2. There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 25 February 2013 when an attempt was made to get a hearing date.
3. 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.
4. Specific hearing notices were also sent to the litigants and or their Advocates.
5. When this Cause was called out for hearing, there was no appearance/representation for the parties.
6. The Court therefore 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 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon