[2016] KEELRC 1360 (KLR)
The court found that no steps had been taken by the claimants to prosecute the cause since 23 March 2012, and neither party appeared or was represented when the matter was called out for hearing during the service week. In accordance with the court's mandate to manage its docket and prevent undue delay, and pursuant...
Source-derived case information.
- Citation
- [2016] KEELRC 1360 (KLR)
- Parties
- Applicant: Edward Kiarie Ndegwa; Applicant: Geoffrey Githia Gichira; Respondent: Registrar of Trade Unions; Respondent: Kenya National Union of Teachers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 485 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Attendance
- Outcome
- Cause dismissed for non-attendance and want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Union Elections, Non Prosecution, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kiarie Ndegwa
Applicant
Geoffrey Githia Gichira
Applicant
Registrar of Trade Unions
Respondent
Kenya National Union of Teachers
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance by the parties.
Ratio Decidendi
The court found that no steps had been taken by the claimants to prosecute the cause since 23 March 2012, and neither party appeared or was represented when the matter was called out for hearing during the service week. In accordance with the court's mandate to manage its docket and prevent undue delay, and pursuant to the relevant procedural rules, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution, noting that over five years had elapsed without action.
Court Disposition
Cause 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. 485 OF 2011
EDWARD KIARIE NDEGWA....................................1ST CLAIMANT
GEOFFREY GITHIA GICHIRA................................2ND CLAIMANT
v
REGISTRAR OF TRADE UNIONS.........................1ST RESPONDENT
KENYA NATIONAL UNION OF TEACHERS......... 2ND RESPONDENT
RULING
The Claimants commenced legal proceedings against the Respondents on 31 March 2011 alleging rigging of the 2nd Respondents Muranga North branch elections on 26 February 2011. The Claim was accompanied with a motion under urgency.
The 2nd Respondent filed Grounds of Opposition and a Response on 8 April 2011.
There is nothing on the record to suggest that the Claimants have taken any steps to have the Cause prosecuted from 23 March 2012 when the Cause was adjourned for non-attendance.
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