[2017] KEELRC 1972 (KLR)
The court found that the claimant union failed to attend the scheduled hearing and did not comply with the court's directive to file and exchange witness statements and affidavits. These failures constituted sufficient grounds for dismissal of the cause for want of prosecution and non-compliance with court orders....
Source-derived case information.
- Citation
- [2017] KEELRC 1972 (KLR)
- Parties
- Claimant: Kenya National Private Security Workers Union; Respondent: S & I Security Assured Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 47 of 2017
- Procedural Posture
- Employment Cause / Ruling on Non Attendance and Compliance
- Outcome
- cause dismissed for non-attendance and non-compliance with court orders
- Judges
- MSA Makhandia
- Legal Topics
- Union Dues, Dismissal for Non Attendance, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Claimant
S & I Security Assured Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Non Attendance and Compliance
Legal Issues
- 1 Whether the claimant's cause should be dismissed for non-attendance at the hearing.
- 2 Whether failure to comply with court orders on filing witness statements/affidavits warrants dismissal of the cause.
Ratio Decidendi
The court found that the claimant union failed to attend the scheduled hearing and did not comply with the court's directive to file and exchange witness statements and affidavits. These failures constituted sufficient grounds for dismissal of the cause for want of prosecution and non-compliance with court orders. The court exercised its discretion to dismiss the cause, noting that both parties had failed to comply with procedural requirements, but the claimant bore the primary responsibility for prosecuting the matter. No order as to costs was made.
Court Disposition
cause dismissed for non-attendance and non-compliance with court orders
Orders
- The cause is dismissed for non-attendance and failure to comply with court orders on filing witness statements and affidavits.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT ELDORET
CAUSE NO. 47 OF 2017
(Originally Nakuru Cause No. 160 of 2015)
KENYA NATIONAL PRIVATE SECURITY
WORKERSUNION CLAIMANT
v
S & I SECURITY ASSURED LIMITED RESPONDENT
RULING
1. The Kenya National Private Security Workers Union (Union) commenced legal proceedings against S & I Security Assured Ltd (Respondent) on 4 June 2015 and the issue in dispute was stated as Refusal to deduct and remit union dues.
2. The Respondent filed a Response on 19 June 2015 exhibiting cheques issued in favour of the Union, being union dues.
3. On 26 April 2017, the Court directed that the Cause be transferred from Nakuru to Eldoret where the Court had opened a sub-registry and during appearances on 25 July 2017, the Court scheduled hearing for 28 September 2017.
4. During the scheduling, Mr. Odima, Assistant Secretary General was present for the Union while Mr. Ndege appeared for the Respondent.
5. While scheduling the hearing date, the Court also directed the parties to file and exchange witness statements and affidavits.
6. When the Cause was called out for hearing on 28 September 2017, the Union was not represented and Mr. Nyachiro for the Respondent applied to have the Cause dismissed for non-attendance.
7. Apart from failing to attend Court to prosecute the Cause, both the Union and the Respondent did not comply with the Court order as to filing of witness statements/affidavits.
8. For those 2 reasons, the Court orders that the Cause be dismissed with no order as to costs.
Delivered, dated and signed in Eldoret on this 29th day of September 2017.
Radido Stephen
Judge
Appearances
For Union Mr. Odima, Assistant Secretary General
For Respondent Mr. Nyachiro instructed by Nyachiro Nyagaka & Co. Advocates
Court Assistants Nixon/Etyang