[2017] KEELRC 1526 (KLR)
The court found that the claimant had failed to pay the required adjournment fees and had not attended court on multiple occasions, including after being served with a hearing notice. This conduct demonstrated a lack of interest in prosecuting the cause. The court exercised its discretion to dismiss the cause for...
Source-derived case information.
- Citation
- [2017] KEELRC 1526 (KLR)
- Parties
- Claimant: Kenya Electrical Trades and Allied Workers Union; Respondent: Peter Mutemi; Respondent: Ernest Nadome; Respondent: David Songok; Interested Party: Frank Njeru; Interested Party: Monica Achieng
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1533 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Adjournment Fees, Non Attendance, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Electrical Trades and Allied Workers Union
Claimant
Peter Mutemi
Respondent
Ernest Nadome
Respondent
David Songok
Respondent
Frank Njeru
Interested Party
Monica Achieng
Interested Party
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claimant has failed to prosecute the cause, warranting dismissal for want of prosecution.
- 2 Whether the non-payment of court adjournment fees and repeated non-attendance justify dismissal of the cause.
Ratio Decidendi
The court found that the claimant had failed to pay the required adjournment fees and had not attended court on multiple occasions, including after being served with a hearing notice. This conduct demonstrated a lack of interest in prosecuting the cause. The court exercised its discretion to dismiss the cause for want of prosecution, noting that the claimant had not taken any steps to progress the matter since the last court appearance and had not complied with the court's order regarding adjournment fees.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1533 OF 2012
KENYA ELECTRICAL TRADES
AND ALLIED WORKERS UNION CLAIMANT
v
PETER MUTEMI 1ST RESPONDENT
ERNEST NADOME 2ND RESPONDENT
DAVID SONGOK 3RD RESPONDENT
AND
FRANK NJERU 1ST INTERESTED PARTY
MONICA ACHIENG 2ND INTERESTED PARTY
RULING
1. The last time this Cause was placed before Court was on 28 July 2015 when none of the parties attended Court. The Cause was stood over generally with an order for the Claimant to pay Court adjournment fees.
2. The fees have not been paid.
3. On 8 March 2017, the Deputy Registrar issued a notice scheduling the hearing for 3 April 2017. The Claimant did not appear and the Respondents advocate applied to have the Cause dismissed.
4. It is apparent the Claimant has no interest in progressing the Cause to hearing and determination.
5. The Court therefore orders that the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Monica Achieng, Branch Secretary
For Respondents Onyony & Co. Advocates
Court Assistant Nixon