[2017] KEELRC 1536 (KLR)
The court found that neither party attended the scheduled hearings and that there was uncertainty as to whether the Claimant was properly served with the hearing notice due to the absence of a physical address. In the interests of justice and procedural fairness, the court directed that a notice for dismissal be...
Source-derived case information.
- Citation
- [2017] KEELRC 1536 (KLR)
- Parties
- Claimant: Lilian Kaluhi Kelwa; Respondent: Josephine Ndambuki
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1170 of 2013
- Procedural Posture
- Employment Cause / Preliminary Directions; Notice for Dismissal to Be Issued
- Outcome
- Notice for dismissal to be issued and served by posting on the court's notice board; matter to be listed before a judge for further orders.
- Judges
- MSA Makhandia
- Legal Topics
- Service of Process, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Kaluhi Kelwa
Claimant
Josephine Ndambuki
Respondent
Procedural Posture
Employment Cause / Preliminary Directions; Notice for Dismissal to Be Issued
Legal Issues
- 1 Whether the parties were properly served with hearing notices.
- 2 Whether the Cause should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party attended the scheduled hearings and that there was uncertainty as to whether the Claimant was properly served with the hearing notice due to the absence of a physical address. In the interests of justice and procedural fairness, the court directed that a notice for dismissal be issued and served by posting on the court's notice board before the matter is listed before a judge for further orders. This ensures that parties are given a fair opportunity to be heard before the case is dismissed for want of prosecution.
Court Disposition
Notice for dismissal to be issued and served by posting on the court's notice board; matter to be listed before a judge for further orders.
Orders
- A notice for dismissal shall be issued and served through posting on the court's notice board.
- The Cause shall be listed before a judge for further orders after notice.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1170 OF 2013
LILIAN KALUHI KELWA CLAIMANT
v
JOSEPHINE NDAMBUKI RESPONDENT
RULING
1. The Cause was filed on 24 July 2013. The Respondent, according to a letter on file by the Claimant, was served but failed to file a Response.
2. The Cause was last placed before Court on 21 July 2014, when none of the parties attended Court.
3. On 17 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.
4. The notice issued by the Deputy Registrar does not appear to have a physical address for the Claimant and therefore it is not clear whether the notice was served.
5. The Court therefore directs that a notice for dismissal should be issued and served through posting in the Court’s notice board before listing the Cause before a Judge for further orders.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
Claimant in person
Respondent no appearance
Court Assistant Nixon