[2021] KEELRC 2045 (KLR)
The court found that the Claimant had failed to take any active steps to prosecute her claim for four years and had not responded to the application for dismissal or attended court despite notification. Applying Rule 16 of the E&LRC (Procedure) Rules 2016, the court held that the delay was inordinate and...
Source-derived case information.
- Citation
- [2021] KEELRC 2045 (KLR)
- Parties
- Claimant: Edinah Nyanchama Ongara; Respondent: Ideal Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1178 of 2016
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Claim dismissed for want of prosecution with costs to the Respondent.
- Judges
- J Rika
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edinah Nyanchama Ongara
Claimant
Ideal Security Services Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claim should be dismissed for want of prosecution under Rule 16 of the E&LRC (Procedure) Rules 2016.
- 2 Whether the Respondent is entitled to costs.
Ratio Decidendi
The court found that the Claimant had failed to take any active steps to prosecute her claim for four years and had not responded to the application for dismissal or attended court despite notification. Applying Rule 16 of the E&LRC (Procedure) Rules 2016, the court held that the delay was inordinate and unjustified, warranting dismissal of the claim for want of prosecution. The Respondent was awarded costs due to the Claimant's inaction and failure to prosecute the matter.
Court Disposition
Claim dismissed for want of prosecution with costs to the Respondent.
Orders
- The claim is dismissed for want of prosecution under Rule 16, E&LRC (Procedure) Rules 2016.
- Costs awarded to the Respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER 1178 OF 2016
BETWEEN
EDINAH NYANCHAMA ONGARA........................CLAIMANT/ RESPONDENT
VERSUS
IDEAL SECURITY SERVICES LIMITED............... RESPONDENT/APPLICANT
Rika J
Emmanuel Kiprono – Court Assistant
No appearance for the Claimant
Mr. Obae for Respondent
RULING
1. The Claimant has not responded to the application dated 26th November 2020 filed by the Respondent.
2. She has not attended Court despite being notified.
3. Her claim was filed 5 years ago, with no active steps made to prosecute, in the last 4 years.
4. The claim is dismissed for want of prosecution under Rule 16, E&LRC (Procedure) Rules 2016, with costs to the Respondent.
Dated and delivered at Nairobi, this 4th day of March, 2021.
James Rika
Judge