[2016] KEELRC 1297 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since its filing in 2013. Despite public and specific hearing notices issued for the service week, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and in accordance with...
Source-derived case information.
- Citation
- [2016] KEELRC 1297 (KLR)
- Parties
- Claimant: Dennis Nyabenge; Respondent: National Oil Corporation of Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1379 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Non Prosecution, Case Backlog Management, Unpaid Salary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dennis Nyabenge
Claimant
National Oil Corporation of Kenya Ltd
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 filing.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since its filing in 2013. Despite public and specific hearing notices issued for the service week, neither party appeared or was represented at the hearing. In the interest of managing the court's backlog and in accordance with procedural rules, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1379 OF 2013
DENNIS NYABENGE CLAIMANT
v
NATIONAL OIL CORPORATION OF KENYA LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 28 August 2013 seeking unpaid salary dues.
The Respondent filed a Response on 14 October 2013.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since filing.
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 3 years.
Delivered, dated and signed in Nairobi this 22nd day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon