[2016] KEELRC 1330 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause since 19 February 2013, and neither party appeared or was represented when the matter was called out for hearing during the service week. In accordance with the court's mandate to manage its docket and clear backlog, and following...
Source-derived case information.
- Citation
- [2016] KEELRC 1330 (KLR)
- Parties
- Claimant: Knight Kavulani Kayegeli; Respondent: Karim Manji
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 394 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- cause dismissed for non-attendance and want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Unlawful Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Knight Kavulani Kayegeli
Claimant
Karim Manji
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 by the parties.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause since 19 February 2013, and neither party appeared or was represented when the matter was called out for hearing during the service week. In accordance with the court's mandate to manage its docket and clear backlog, and following due notice to the parties, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution, as no action had been taken for over five years.
Court Disposition
cause dismissed for non-attendance and want of prosecution
Orders
- The cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 394 OF 2012
KNIGHT KAVULANI KAYEGELI CLAIMANT
v
KARIM MANJI RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on 12 March 2012 alleging unlawful termination of employment.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 19 February 2013 when the Cause was last in Court.
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