[2016] KEELRC 1337 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause since 17 October 2012, despite adequate notice of the hearing and the service week. The absence of the claimant or her advocate at the hearing, coupled with the respondent's readiness to proceed, justified the dismissal of the...
Source-derived case information.
- Citation
- [2016] KEELRC 1337 (KLR)
- Parties
- Claimant: Eunice Khavere Kitambe; Respondent: Greton Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 261 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Attendance
- Outcome
- cause dismissed for non-attendance and want of 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
Eunice Khavere Kitambe
Claimant
Greton Hotel
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the claimant's case should be dismissed for want of prosecution and non-attendance.
- 2 Whether the claimant took any steps to prosecute the cause since 17 October 2012.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause since 17 October 2012, despite adequate notice of the hearing and the service week. The absence of the claimant or her advocate at the hearing, coupled with the respondent's readiness to proceed, justified the dismissal of the cause for want of prosecution and non-attendance. The court exercised its discretion to dismiss the matter to manage its docket efficiently and in accordance with procedural rules, noting that the claimant had been inactive for over four years.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The 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. 261 OF 2012
EUNICE KHAVERE KITAMBE..................CLAIMANT
V
GRETON HOTEL.................................. RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 21 February 2012 alleging wrongful and unfair termination of employment.
A Reply to Memorandum of Claim was filed on 13 April 2012.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 17 October 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 Claimant but the Respondent was ready to proceed with the hearing. In the absence of the Claimant, it applied that the Cause be dismissed.
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 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon