[2016] KEELRC 1354 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since 18 June 2012, and that neither party appeared or was represented at the hearing during the service week. In accordance with the court's mandate to manage its docket and in light of the prolonged inactivity, the court exercised its...
Source-derived case information.
- Citation
- [2016] KEELRC 1354 (KLR)
- Parties
- Claimant: Emily Chepkuto; Respondent: Rev. Eli Rop; Respondent: Sauti Ya Rehema RTVN
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 349 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for want of prosecution and non-attendance
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- 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
Emily Chepkuto
Claimant
Rev. Eli Rop
Respondent
Sauti Ya Rehema RTVN
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 by the parties.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since 18 June 2012, and that neither party appeared or was represented at the hearing during the service week. In accordance with the court's mandate to manage its docket and in light of the prolonged inactivity, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance. The decision was also guided by the need to address backlog and ensure efficient administration of justice.
Court Disposition
dismissed for want of prosecution and non-attendance
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
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 349 OF 2012
EMILY CHEPKUTO CLAIMANT
v
REV. ELI ROP 1ST RESPONDENT
SAUTI YA REHEMA RTVN 2ND RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 2 March 2012 alleging unlawful termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 18 June 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