[2016] KEELRC 1349 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since 18 April 2012. Despite public and specific hearing notices, there was no appearance or representation by any party when the matter was called out. In the interest of expeditious disposal of cases and to manage backlog, the court...
Source-derived case information.
- Citation
- [2016] KEELRC 1349 (KLR)
- Parties
- Claimant: Jesper Morande Ongaga; Respondent: Kibera Church of God, Development Centre; Respondent: Board of Governors, Kibera Church of God
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 263 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
- Wrongful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesper Morande Ongaga
Claimant
Kibera Church of God, Development Centre
Respondent
Board of Governors, Kibera Church of God
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.
- 2 Whether the claimant took any steps to prosecute the matter since 2012.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since 18 April 2012. Despite public and specific hearing notices, there was no appearance or representation by any party when the matter was called out. In the interest of expeditious disposal of cases and to manage backlog, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution, as no action had been taken for over five years.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This Cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 263 OF 2012
JESPER MORANDE ONGAGA CLAIMANT
v
KIBERA CHURCH OF GOD,
DEVELOPMENT CENTRE 1ST RESPONDENT
BOARD OF GOVERNORS,
KIBERA CHURCH OF GOD 2ND RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 14 March 2012 alleging wrongful termination of employment.
The firm of M’Njau & Mageto Advocates came on record for the Claimant on 16 April 2012.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 18 April 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