[2016] KEELRC 1351 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over five years since its filing. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of judicial efficiency and to address case backlog, the court...
Source-derived case information.
- Citation
- [2016] KEELRC 1351 (KLR)
- Parties
- Claimant: Joseph Mutavi Makuli; Respondent: East African Sea Food Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 493 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- dismissed for want of prosecution and non-attendance
- Judges
- MSA Makhandia
- Legal Topics
- Redundancy, Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutavi Makuli
Claimant
East African Sea Food Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claimant has prosecuted the cause within a reasonable time period.
- 2 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 for over five years since its filing. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of judicial efficiency and to address case backlog, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance.
Court Disposition
dismissed for want of prosecution and non-attendance
Orders
- The 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
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 493 OF 2011
JOSEPH MUTAVI MAKULI…………………….CLAIMANT
V
EAST AFRICAN SEA FOOD LTD…………..RESPONDENT
RULING
Joseph Mutavi Makuli (Claimant) commenced legal proceedings against East African Sea Food Ltd (Respondent) on 31 March 2011 alleging unlawful termination of employment on account of redundancy.
The Respondent filed a Response on 5 June 2012 through the Federation of Kenya Employers.
There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2011.
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