[2021] KEELRC 537 (KLR)
The court found that the claimant had taken sufficient steps to prosecute the matter, as evidenced by the affidavit of his advocate detailing efforts to list the case for hearing up to February 2021. Consequently, the matter did not qualify for dismissal under Section 16 of the Employment and Labour Relations Court...
Source-derived case information.
- Citation
- [2021] KEELRC 537 (KLR)
- Parties
- Claimant: Meshack Odhiambo Yala; Respondent: Nanchang Foreign Engineering Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1298 of 2016
- Procedural Posture
- Employment Cause / Notice to Show Cause
- Outcome
- Notice to show cause deferred; suit not dismissed.
- Judges
- AN Mwaure
- Legal Topics
- Dismissal of Suit, Notice to Show Cause, Case Management, Covid19 Court Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Odhiambo Yala
Claimant
Nanchang Foreign Engineering Company Ltd
Respondent
Procedural Posture
Employment Cause / Notice to Show Cause
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Section 16 of the Employment and Labour Relations Rules.
- 2 Whether the claimant has demonstrated sufficient steps to prosecute the case to avoid dismissal.
Ratio Decidendi
The court found that the claimant had taken sufficient steps to prosecute the matter, as evidenced by the affidavit of his advocate detailing efforts to list the case for hearing up to February 2021. Consequently, the matter did not qualify for dismissal under Section 16 of the Employment and Labour Relations Court Rules. The court also considered the impact of COVID-19 restrictions on court operations and emphasized the need to avoid undue technicalities in the administration of justice. The notice to show cause was therefore deferred, and the matter was referred to the Deputy Registrar for fixing a hearing date.
Court Disposition
Notice to show cause deferred; suit not dismissed.
Orders
- Notice to show cause is deferred.
- Case referred to the Deputy Registrar to fix a hearing date.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1298 OF 2016
(Before Hon. Lady Justice Anna Ngibuini Mwaure)
MESHACK ODHIAMBO YALA.........................................................CLAIMANT
VERSUS
NANCHANG FOREIGN ENGINEERING COMPANY LTD.......RESPONDENT
RULING
1. The court had fixed the suit for Notice to Show Cause on 27th September, 2021 why suit should not be dismissed.
2. The claimant by his affidavit dated 1st September, 2021 and deponed by his advocates UPENDO ALLAN IGNACIOUS enlisted elaborate steps the claimant has taken over the years upto 2021 February in trying to list the case for hearing.
3. I am satisfied the matter is not qualified for dismissal under Section 16 Employment and Labour Relations Rules and so the notice to show cause is deferred.
4. Case is referred to the Deputy Registrar on 9th of December, 2021 to fix a date for hearing.
DELIVERED, DATED AND SIGNED IN NAIROBI THIS 4TH DAY OF NOVEMBER, 2021
ANNA NGIBUINI MWAURE
JUDGE
ORDER
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 1Bof 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 MWAURE
JUDGE