[2016] KEELRC 1329 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause since 2 August 2012, and neither party appeared or was represented at the hearing despite proper notice. In the interest of efficient administration of justice and in line with the court's efforts to manage backlog, the court...
Source-derived case information.
- Citation
- [2016] KEELRC 1329 (KLR)
- Parties
- Claimant: Ibrahim Momanyi Okeri; Respondent: Kenya Forestry Research Institute
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 267 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Non Prosecution, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Momanyi Okeri
Claimant
Kenya Forestry Research Institute
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 failed to take any steps to prosecute the cause since 2 August 2012, and neither party appeared or was represented at the hearing despite proper notice. In the interest of efficient administration of justice and in line with the court's efforts to manage backlog, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance.
Court Disposition
Cause dismissed for non-attendance and non-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. 267 OF 2012
IBRAHIM MOMANYI OKERI CLAIMANT
v
KENYA FORESTRY RESEARCH INSTITUTE RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 21 February 2012 alleging failure by the Respondent to pay him certain allowances and underpayments.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 2 August 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 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