[2016] KEELRC 1350 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over four years since 10 May 2012. Despite public and specific hearing notices, the claimant or his advocate did not appear in court during the service week. The respondent's application for dismissal was therefore merited. The...
Source-derived case information.
- Citation
- [2016] KEELRC 1350 (KLR)
- Parties
- Claimant: Henry Kimathi Muguna; Respondent: African Merchant Assurance Co. Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 360 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
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kimathi Muguna
Claimant
African Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
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 10 May 2012.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause for over four years since 10 May 2012. Despite public and specific hearing notices, the claimant or his advocate did not appear in court during the service week. The respondent's application for dismissal was therefore merited. The court exercised its discretion to dismiss the cause for want of prosecution and non-attendance, in line with the need to manage the court's backlog and ensure expeditious disposal of cases.
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
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 360 OF 2012
HENRY KIMATHI MUGUNA ……………………………..CLAIMANT
V
AFRICAN MERCHANT ASSURANCE CO. LTD…… RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 9 March 2012 alleging wrongful/unfair termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 10 May 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. The Respondent was represented by Mr. Ouma who applied for the dismissal of the Cause.
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