[2024] KEELRC 2424 (KLR)
The court determined that since the claimant had failed to provide crucial evidence—specifically, the list of its members for whom union dues are sought—and had not taken steps to prosecute the claim since the last ruling, it appeared the case had been abandoned. In accordance with the overriding objective to...
Source-derived case information.
- Citation
- [2024] KEELRC 2424 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Limited; Respondent: Imara Steel Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E2063 of 2017
- Procedural Posture
- Employment and Labour Cause / Ruling on Notice to Show Cause Prior to Dismissal
- Outcome
- Notice to show cause issued; claim at risk of dismissal for want of prosecution.
- Judges
- AN Mwaure
- Legal Topics
- Union Dues Remittance, Abandonment of Claim, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Engineering Workers Limited
Applicant
Imara Steel Mills Limited
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Notice to Show Cause Prior to Dismissal
Legal Issues
- 1 Whether the claimant has abandoned its case by failing to provide crucial evidence of its members for whom union dues are sought.
- 2 Whether the claim should be dismissed for want of prosecution due to lack of evidence.
Ratio Decidendi
The court determined that since the claimant had failed to provide crucial evidence—specifically, the list of its members for whom union dues are sought—and had not taken steps to prosecute the claim since the last ruling, it appeared the case had been abandoned. In accordance with the overriding objective to facilitate just, expeditious, and proportionate resolution of disputes, and guided by the need to avoid undue technicalities, the court issued a notice to show cause to the parties to appear and explain why the claim should not be dismissed for want of prosecution.
Court Disposition
Notice to show cause issued; claim at risk of dismissal for want of prosecution.
Orders
- Parties to appear before the court on 14/10/2024 to show cause why the claim dated 16th October 2017 should not be dismissed for failure to provide crucial evidence.
- A signed copy of the ruling will be availed to each party upon payment of court fees.
Full Case Text
Judgment text and source record
17 paragraphs
Kenya Engineering Workers Limited v Imara Steel Mills Limited (Employment and Labour Relations Cause E2063 of 2017) [2024] KEELRC 2424 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEELRC 2424 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E2063 of 2017
AN Mwaure, J
September 30, 2024
Between
Kenya Engineering Workers Limited
Petitioner
and
Imara Steel Mills Limited
Respondent
Ruling
1. The court had made a ruling dated 16th February 2024 and had pronounced itself that it will not entertain this matter anymore.
2. The court is still of the same view and since it appears the claimant had abandoned its case the court would then issue a NTSC for the parties to appear before the court on 14/10/2024 to show cause why this claim dated 16th October 2017 should not be dismissed since the claimant has failed to provide crucial evidence of the list of it members who they seek to have their union dues remitted.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 30TH DAY OF SEPTEMBER, 2024. ANNA NGIBUINI MWAUREJUDGEORDER*In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE