[2016] KEELRC 1290 (KLR)
The court found that neither party appeared or was represented at the hearing, and that no steps had been taken in the matter for over five years. In accordance with the court's inherent powers and the provisions of the Civil Procedure Rules, the cause was dismissed for non-attendance and want of prosecution to...
Source-derived case information.
- Citation
- [2016] KEELRC 1290 (KLR)
- Parties
- Claimant: Benson Mcharo; Respondent: Senior Best Garments Kenya (EPZ) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 529 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Attendance
- Outcome
- dismissed for non-attendance and non-prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Attendance, Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mcharo
Claimant
Senior Best Garments Kenya (EPZ) Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the cause should be dismissed for non-attendance and non-prosecution.
- 2 Whether any steps had been taken in the matter for over 5 years.
Ratio Decidendi
The court found that neither party appeared or was represented at the hearing, and that no steps had been taken in the matter for over five years. In accordance with the court's inherent powers and the provisions of the Civil Procedure Rules, the cause was dismissed for non-attendance and want of prosecution to facilitate efficient administration of justice and reduce backlog.
Court Disposition
dismissed for non-attendance and non-prosecution
Orders
- This Cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 529 OF 2011
BENSON MCHARO CLAIMANT
v
SENIOR BEST GARMENTS KENYA (EPZ) LTD RESPONDENT
RULING
Benson Mcharo (Claimant) commenced legal proceedings against Senior Best Garments Kenya (EPZ) Ltd (Respondent) on 7 April 2011 alleging unlawful termination of employment.
There is nothing on the record to suggest that the Respondent was served.
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