[2018] KEELRC 2430 (KLR)
The court found that the delay in prosecuting the cause was not solely attributable to the claimant, but was significantly influenced by administrative constraints, specifically a freeze on the fixing of causes filed after 2015 due to the backlog and limited judicial officers. The court held that it would not be in...
Source-derived case information.
- Citation
- [2018] KEELRC 2430 (KLR)
- Parties
- Claimant: John Kennedy Matete; Respondent: Kenya Tea Development Agency Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2066 of 2016
- Procedural Posture
- Employment Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- application dismissed
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Court Administration, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kennedy Matete
Claimant
Kenya Tea Development Agency Ltd
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 inordinate delay by the claimant.
- 2 Whether the delay in prosecuting the cause was excusable given the circumstances.
Ratio Decidendi
The court found that the delay in prosecuting the cause was not solely attributable to the claimant, but was significantly influenced by administrative constraints, specifically a freeze on the fixing of causes filed after 2015 due to the backlog and limited judicial officers. The court held that it would not be in the interest of justice to dismiss the suit when the delay was caused by factors beyond the parties' control. Accordingly, the application for dismissal for want of prosecution was dismissed, and directions were given for the filing of agreed issues to progress the matter.
Court Disposition
application dismissed
Orders
- The application dated 23 November 2017 is dismissed.
- Agreed Issues to be filed on or before 28 February 2018.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2066 OF 2016
JOHN KENNEDY MATETE.............................................CLAIMANT
v
KENYA TEA DEVELOPMENT AGENCY LTD........RESPONDENT
RULING
1. Before Court is a motion dated 23 November 2017 by the Respondent seeking
1. THAT this suit be dismissed for want of prosecution.
2. THAT the costs of the suit and this application be borne by the Claimant.
2. The Claimant filed a replying affidavit in opposition to the motion on 12 January 2018, and arguments were taken on 1 February 2018.
3. In seeking the dismissal of the Cause, the Respondent contended that the Claimant had taken no steps whatsoever to progress it for over 1 year, and that the more than 1 year constituted inordinate delay and indolence.
4. In resisting the Respondent’s endeavour, the Claimant explained that because he had relocated to the village after his dismissal/filing of the Cause and lacking the wherewithal, he had not been able to sufficiently instruct his advocate to advance the Cause.
5. The Court has put into consideration the contentions by the parties and come to the conclusion that the Cause should not be struck out/dismissed on the grounds advanced by the Respondent.
6. It is in the public domain that due to the number of Causes pending and the number of judicial officers available in the station, the Registrar of the Court put a freeze on the fixing of Causes filed after 2015.
7. It would therefore not be in the interest of justice to shut out the Claimant from the temple of justice when in the context and age of the Cause, factors beyond the parties control do not allow the scheduling of the Cause for hearing.
8. The Court therefore dismisses the application dated 23 November 2017 and further directs that Agreed Issues be filed on or before 28 February 2018.
9. Costs in the cause.
Delivered, dated and signed in Nairobi on this 23rd day of February 2018.
Radido Stephen
Judge
Appearances
For Claimant Mr. Lusweti instructed by Lusweti & Nabutola Co. Advocates
For Respondent Mr. Masivo instructed by Millimo, Muthomi & Co. Advocates
Court Assistant Lindsey