[2016] KEELRC 1318 (KLR)
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over four years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing court backlog and ensuring expeditious disposal of cases,...
Source-derived case information.
- Citation
- [2016] KEELRC 1318 (KLR)
- Parties
- Claimant: Erastus Safari Kenga; Respondent: Awanad Enterprises Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2136 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Safari Kenga
Claimant
Awanad Enterprises Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause or taken steps to serve the memorandum of claim.
- 2 Whether the cause should be dismissed for want of prosecution and non-attendance.
Ratio Decidendi
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over four years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In the interest of managing court backlog and ensuring expeditious disposal of cases, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 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. 2136 OF 2012
ERASTUS SAFARI KENGA..........................................................CLAIMANT
v
AWANAD ENTERPRISES LTD...............................................RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondent on 22 October 2012 alleging unfair termination of employment.
2. There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
3. 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.
4. Specific hearing notices were also sent to the litigants and or their Advocates.
5. When this Cause was called out for hearing, there was no appearance/representation for the parties.
6. The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon