[2016] KEELRC 1347 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over four years since the last court appearance. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In accordance with the court's mandate to manage its docket and ensure...
Source-derived case information.
- Citation
- [2016] KEELRC 1347 (KLR)
- Parties
- Claimant: Eric Odhiambo; Respondent: Karen Breeze Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2186 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
- Wrongful 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
Eric Odhiambo
Claimant
Karen Breeze Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause within a reasonable time.
- 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 prosecute the cause for over four years since the last court appearance. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In accordance with the court's mandate to manage its docket and ensure expeditious disposal of cases, and pursuant to the rules allowing dismissal for want of prosecution, the court dismissed the cause for non-attendance and non-prosecution.
Court Disposition
cause dismissed for non-attendance and non-prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2186 OF 2012
ERIC ODHIAMBO CLAIMANT
v
KAREN BREEZE LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 30 October 2012 alleging wrongful termination of employment.
A Memorandum of Response was filed on 4 December 2012.
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 was last in Court on 11 December 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 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon