[2016] KEELRC 1352 (KLR)
The court found that the claimant had not taken any steps to prosecute the cause since January 2013, and neither party appeared or was represented at the scheduled hearing during the service week. In light of the prolonged inactivity exceeding four years and in the context of efforts to manage case backlog, the...
Source-derived case information.
- Citation
- [2016] KEELRC 1352 (KLR)
- Parties
- Claimant: Kabii Daniel Mungai; Respondent: Kenya Medical Practitioners Pharmacists & Dentists Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2173 of 2012
- Procedural Posture
- Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Non Prosecution, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kabii Daniel Mungai
Claimant
Kenya Medical Practitioners Pharmacists & Dentists Union
Respondent
Procedural Posture
Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution and non-attendance by the parties.
Ratio Decidendi
The court found that the claimant had not taken any steps to prosecute the cause since January 2013, and neither party appeared or was represented at the scheduled hearing during the service week. In light of the prolonged inactivity exceeding four years and in the context of efforts to manage case backlog, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- This Cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 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. 2173 OF 2012
KABII DANIEL MUNGAI......................................................................................................CLAIMANT
V
KENYA MEDICAL PRACTITIONERS PHARMACISTS & DENTISTS UNION..........RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 26 October 2012 seeking an order dissolving the National Executive Council of the Respondent.
The Memorandum of Claim was accompanied with a Notice of Motion which was withdrawn on 6 November 2012, when another motion was filed.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since it was last in Court on 16 January 2013.
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 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon