[2017] KEELRC 1508 (KLR)
The court held that the claimant's advocates must file and serve an application to cease acting within 15 days. Failure to do so would result in the cause being dismissed with costs. This decision is grounded in the need for diligent prosecution of cases and the orderly withdrawal of legal representation, ensuring...
Source-derived case information.
- Citation
- [2017] KEELRC 1508 (KLR)
- Parties
- Claimant: Elijah Okero; Respondent: Sunflag Textile & Knitwear Mills Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2441 of 2012
- Procedural Posture
- Employment Cause / Ruling on Application to Cease Acting and Directions on Prosecution
- Outcome
- conditional order for filing application to cease acting; dismissal in default
- Judges
- MSA Makhandia
- Legal Topics
- Cessation of Advocacy, Dismissal for Want of Prosecution, Court Directions, Representation of Parties
- 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
Elijah Okero
Claimant
Sunflag Textile & Knitwear Mills Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Cease Acting and Directions on Prosecution
Legal Issues
- 1 Whether the claimant's advocates should be allowed to cease acting for the claimant.
- 2 Whether the cause should be dismissed for want of prosecution if the application to cease acting is not filed and served within the stipulated period.
Ratio Decidendi
The court held that the claimant's advocates must file and serve an application to cease acting within 15 days. Failure to do so would result in the cause being dismissed with costs. This decision is grounded in the need for diligent prosecution of cases and the orderly withdrawal of legal representation, ensuring that parties and their advocates comply with procedural requirements to avoid unnecessary delays in the administration of justice.
Court Disposition
conditional order for filing application to cease acting; dismissal in default
Orders
- The firm of Kingoo Wanjau & Co. Advocates to file and serve an application to cease from acting within 15 days from the date of the ruling.
- In default of compliance, the cause to stand dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2441 OF 2012
ELIJAH OKERO................................................................................CLAIMANT
VERSUS
SUNFLAG TEXTILE & KNITWEAR MILLS LTD.....................RESPONDENT
RULING
1. The last time the Cause was before Court was on 8th June 2015 when the Deputy Registrar directed the Respondent to file its documents within 14 days.
2. The documents were filed on 17th November 2015.
3. The parties have not taken any action since then and on 8th March 2017, the Deputy Registrar issued hearing notices to the parties.
4. When the Cause was called out for hearing on 3rd April 2017, Mr. Njuguna for the Claimant indicated that the firm wished to apply to cease from acting because they had not been able to locate the Claimant.
5. The Court orders the firm of Kingoo Wanjau & Co. Advocates to file and serve an application to cease from acting within 15 days from today, in default, the Cause to stand dismissed with costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Kingoo Wanjau & Co. Advocates
For Respondent Eshiwani Ashubwe & Co. Advocates
Court Assistant Nixon