[2016] KEELRC 1302 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since 21 January 2013, and neither party appeared or was represented at the hearing despite due notice. In accordance with the court's mandate to manage its docket and address backlog, and pursuant to the relevant procedural rules, the...
Source-derived case information.
- Citation
- [2016] KEELRC 1302 (KLR)
- Parties
- Claimant: Francis Nyanjui Wangombe; Respondent: Kenya Tea Development Authority Ltd; Respondent: Mataara Tea Factory Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 413 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Nyanjui Wangombe
Claimant
Kenya Tea Development Authority Ltd
Respondent
Mataara Tea Factory Ltd
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.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since 21 January 2013, and neither party appeared or was represented at the hearing despite due notice. In accordance with the court's mandate to manage its docket and address backlog, and pursuant to the relevant procedural rules, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance, as no action had been taken for over five years.
Court Disposition
Cause dismissed for non-attendance and want of 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. 413 OF 2012
FRANCIS NYANJUI WANGOMBE CLAIMANT
v
KENYA TEA DEVELOPMENT AUTHURITY LTD 1ST RESPONDENT
MATAARA TEA FACTORY LTD 2ND RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on14 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 21 January 2013.
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