[2018] KEELRC 105 (KLR)
The court found that the delay in prosecuting the claim was not due to the claimant's inaction but was instead caused by the court's administrative decision to prioritize hearing of older cases due to a heavy backlog. The claimant had made attempts to set the matter down for hearing but was prevented by the court's...
Source-derived case information.
- Citation
- [2018] KEELRC 105 (KLR)
- Parties
- Claimant: Hilda Anyika Isuruti; Respondent: Poonam Chaudhary
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 6 of 2017
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- application dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Dismissal for Want of Prosecution, Case Backlog, Court Administration, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hilda Anyika Isuruti
Claimant
Poonam Chaudhary
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claim should be dismissed for want of prosecution due to the claimant's alleged inaction.
- 2 Whether the delay in prosecuting the claim was attributable to the claimant or to administrative constraints of the court.
Ratio Decidendi
The court found that the delay in prosecuting the claim was not due to the claimant's inaction but was instead caused by the court's administrative decision to prioritize hearing of older cases due to a heavy backlog. The claimant had made attempts to set the matter down for hearing but was prevented by the court's directive. Therefore, it would be unjust to penalize the claimant for circumstances beyond her control. The application for dismissal for want of prosecution was accordingly dismissed.
Court Disposition
application dismissed
Orders
- The application for dismissal for want of prosecution is dismissed.
- Parties to take a hearing date at the registry according to the court's diary.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO. 6 OF 2017
(Before Hon. Justice Hellen S. Wasilwa on 4th December, 2018)
HILDA ANYIKA ISURUTI ............CLAIMANT
VERSUS
POONAM CHAUDHARY ........RESPONDENT
RULING
1. The Application before me is the Notice of Motion application dated 31. 5.2018 and filed in Court on 12th June 2018 which application is filed by the Respondent seeking orders that the Application herein be dismissed for want of prosecution and that the Claimant to pay costs of this suit.
2. The Application is brought under Rule 16(1) of the ELRC (Procedure) Rules 2016 and is supported by the annexed affidavit of Paul Amuga the Respondent’s Counsel herein.
3. The Application is also made on the grounds that the Claimant has not taken steps towards the prosecution of the claim save 12th April 2017 when the Claimant filed a Reply to the Respondent’s Response to the claim. That it is therefore apparent that the Claimant has lost interest in this claim and the delay in prosecuting the claim continues to prejudice the Respondent by subjecting her to escalating legal costs and perpetual anxiety.
4. The Claimant opposed this application. The Claimant submitted that she could not have set down the case for hearing since she tried unsuccessfully to have the case fixed for hearing. She annexed her Annex HAS -1, which is a notice from the DR ELRC – Nairobi indicating that there would be no cases fixed for hearing save for those fixed from 2015 and below.
5. Indeed, it is apparent that the Court diary has been clogged up. It is also in this Court’s knowledge that the heavy backlog caused the Court to make an administrative decision to hear only cases filed 5 years and over. It is therefore true that the Claimant did not deliberately refuse or ignore to take a hearing date and prosecute this case.
6. The Application must therefore fail. Parties to take a hearing date at the registry according to the Court’s diary.
7. Costs in the cause.
Dated and delivered in open Court this 4th day of December, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Ochieng holding Rono for Claimant – present
Mwaura holding brief Amuga for Respondent/Application – Present