[2016] KEELRC 1289 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause since 2012, despite being notified of a service week and specific hearing notices. Both parties failed to appear or be represented when the matter was called out for hearing. The court, exercising its inherent jurisdiction and in...
Source-derived case information.
- Citation
- [2016] KEELRC 1289 (KLR)
- Parties
- Claimant: Benard Kibet; Respondent: Brydges Centre; Respondent: Rosemary Eve Wafula
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 549 of 2011
- 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
- Redundancy Benefits, Unlawful Termination, Non Payment of Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kibet
Claimant
Brydges Centre
Respondent
Rosemary Eve Wafula
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.
- 2 Whether the claimant took any steps to prosecute the matter since 2012.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause since 2012, despite being notified of a service week and specific hearing notices. Both parties failed to appear or be represented when the matter was called out for hearing. The court, exercising its inherent jurisdiction and in line with the need to manage its docket efficiently, dismissed the cause for non-attendance and want of prosecution, as no action had been taken for over five years.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 549 OF 2011
BENARD KIBET CLAIMANT
v
BRYDGES CENTRE 1ST RESPONDENT
ROSEMARY EVE WAFULA 2ND RESPONDENT
RULING
Benard Kibet (Claimant) commenced legal proceedings against Brydges Centre and Rosemary Eve Wafula (Respondents) on 11 April 2011 alleging non-payment of redundancy benefits/outstanding wages and unlawful termination of employment.
A Response was filed on 11 October 2011. On the same day, a Notice of Change of Advocate was filed on behalf of the Respondents.
On 23 October 2012, hearing was adjourned as there was no evidence that a hearing notice had been served upon the Respondents
There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.
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.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon