[2016] KEELRC 1304 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since December 2012, a period exceeding five years. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. The court, in the interest of expeditious disposal of cases and to manage...
Source-derived case information.
- Citation
- [2016] KEELRC 1304 (KLR)
- Parties
- Applicant: Cynthia Khavere; Respondent: Professor Genga
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 536 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Redundancy, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cynthia Khavere
Applicant
Professor Genga
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 cause since December 2012.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since December 2012, a period exceeding five years. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. The court, in the interest of expeditious disposal of cases and to manage backlog, exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 536 OF 2011
CYNTHIA KHAVERE.................................................CLAIMANT
v
PROFESSOR GENGA.......................................RESPONDENT
RULING
1. Cynthia Khavere (Claimant) commenced legal proceedings against Professor Genga (Respondent) on 12 April 2011 alleging unlawful termination of employment on account of redundancy.
2. A Reply to Memorandum of Claim was filed on 29 June 2011.
3. The Cause was last placed before Court on 5 December 2012 when the Claimant was marked as absent.
4. There is nothing on record to suggest that the Claimant has taken any steps to prosecute the Cause since then.
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 parties.
8. 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