[2016] KEELRC 1345 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over five years despite notice, and neither party appeared at the scheduled hearing. In the interest of expeditious disposal of cases and to manage court backlog, the court exercised its discretion to dismiss the cause for want...
Source-derived case information.
- Citation
- [2016] KEELRC 1345 (KLR)
- Parties
- Claimant: Julius Munene Kamau; Respondent: Benair Engineering Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 523 of 2011
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for want of prosecution and non-attendance
- 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
Julius Munene Kamau
Claimant
Benair Engineering Ltd
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 for over five years despite notice, and neither party appeared at the scheduled hearing. In the interest of expeditious disposal of cases and to manage court backlog, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance.
Court Disposition
cause dismissed for want of prosecution and non-attendance
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. 523 OF 2011
JULIUS MUNENE KAMAU ……………. CLAIMANT
V
BENAIR ENGINEERING LTD………..RESPONDENT
RULING
Julius Munene Kamau (Claimant) commenced legal proceedings against Benair Engineering Ltd (Respondent) on 7 April 2011 alleging wrongful termination of employment.
A Memorandum of Reply was filed on 6 May 2011.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause.
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