[2016] KEELRC 1293 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since 2012, and neither party appeared or was represented at the hearing despite proper notice. In accordance with the court's mandate to manage its docket and prevent undue delay, and pursuant to the applicable procedural rules, the...
Source-derived case information.
- Citation
- [2016] KEELRC 1293 (KLR)
- Parties
- Claimant: Edwin Mogire Nyangai; Respondent: Film Corporation of Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 561 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Mogire Nyangai
Claimant
Film 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 reasonable steps to prosecute the claim.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since 2012, and neither party appeared or was represented at the hearing despite proper notice. In accordance with the court's mandate to manage its docket and prevent undue delay, and pursuant to the applicable procedural rules, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance. The decision was also influenced by the need to address case backlog and ensure efficient administration of justice.
Court Disposition
cause dismissed for non-prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 561 OF 2011
EDWIN MOGIRE NYANGAI CLAIMANT
v
FILM CORPORATION OF KENYA LTD RESPONDENT
RULING
Edwin Mogire Nyangai (Claimant) commenced legal proceedings against Film Corporation of Kenya Ltd (Respondent) on 12 April 2011 alleging wrongful and unlawful termination of employment.
A Response was filed on 25 April 2011 and on 8 March 2012, the Claimant filed an Amended Memorandum of Claim.
On 24 September 2014, the Respondents advocate on record applied to be allowed to cease from acting and the application was allowed on 7 October 2014.
There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.
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