[2016] KEELRC 1316 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over five years since the last action on 20 April 2012. Despite public and specific hearing notices issued for a service week, neither party appeared or was represented at the hearing. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2016] KEELRC 1316 (KLR)
- Parties
- Claimant: Josephat K. Jahjah; Respondent: Mayo Tours & Travels Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 303 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
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat K. Jahjah
Claimant
Mayo Tours & Travels 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.
- 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 the last action on 20 April 2012. Despite public and specific hearing notices issued for a service week, neither party appeared or was represented at the hearing. The court exercised its discretion to dismiss the cause for non-attendance and non-prosecution to manage judicial resources and address case backlog.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 303 OF 2012
JOSEPHAT K. JAHJAH CLAIMANT
v
MAYO TOURS & TRAVELS LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 24 February 2012 alleging unfair and or unlawful termination of employment.
A Response was filed 15 March 2012.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 20 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