[2021] KEELRC 1163 (KLR)
The court found that the delay in prosecuting the suit was not due to the Claimant's inaction but was a result of a court directive barring the fixing of matters filed in 2017 and 2018. Both parties were affected by this directive and had no option but to wait until it was reversed. With the appointment of new...
Source-derived case information.
- Citation
- [2021] KEELRC 1163 (KLR)
- Parties
- Claimant: Genevive Oyugi; Respondent: Doehler East Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 514 of 2018
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- application for dismissal disallowed
- Judges
- AN Makau
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Court Directives, Delay in 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
Genevive Oyugi
Claimant
Doehler East Africa Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to delay by the Claimant.
- 2 Whether the delay in prosecuting the suit was occasioned by the Claimant or by court directives.
Ratio Decidendi
The court found that the delay in prosecuting the suit was not due to the Claimant's inaction but was a result of a court directive barring the fixing of matters filed in 2017 and 2018. Both parties were affected by this directive and had no option but to wait until it was reversed. With the appointment of new judges to address the backlog, the court held that it would be unjust to dismiss the suit for want of prosecution under these circumstances. The application for dismissal was therefore disallowed, and the matter was directed to be fixed for hearing on the next available date.
Court Disposition
application for dismissal disallowed
Orders
- The application for dismissal of the suit for want of prosecution is disallowed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 514 OF 2018
GENEVIVE OYUGI..................................................CLAIMANT/RESPONDENT
VERSUS
DOEHLER EAST AFRICA LIMITED...................RESPONDENT/APPLICANT
RULING
1. An application has been made seeking dismissal of the suit for want of prosecution. Respondent asserts the matter is prejudicial and continues to hang over its head needlessly as Claimant has failed to take step to prosecute it. Miss Kyania for the Respondent/Applicant thus urges the dismissal of the suit with costs.
2. On the part of the Claimant, the advocate responds that the Claimant has been keen to have the matter resolved expeditiously and that it is only directive of the Court barring the fixing of matters past 2016 that have impaired the fixing of a date. Miss Merichi points the Court to communications from the Court to this effect.
3. The Court having considered that the suit is of the 2018 vintage nevertheless is inclined to disallow the Motion for dismissal as the Claimant and Respondent were hamstrung by the directive of the Court not to file cases for 2018 and even 2017. In that regard the Claimant thus had no option but to wait till this is reversed. Thankfully we now have 9 newly appointed Judges to help clear the cases and give justice to Kenyans who have suffered delays as the parties herein. Granted my fellow Judges will start sitting within a week or so, I will allow the matter to be fixed for hearing on the next available hearing date which will be given after this Ruling is delivered. Application is thus disallowed with no order as to costs.
So ordered.
DATED AND DELIVERED AT NAIROBI THIS 15TH DAY OF JULY 2021
Nzioki wa Makau
JUDGE