[2017] KEELRC 1504 (KLR)
The court found that the Claimant had failed to take any steps to prosecute the Cause for nearly two years while he was still within the jurisdiction. The explanation provided by the Claimant's advocate, that the Claimant had migrated to the United States two months prior, did not account for the prolonged period of...
Source-derived case information.
- Citation
- [2017] KEELRC 1504 (KLR)
- Parties
- Claimant: Ndirangu Mwaura; Respondent: Royal Media Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1894 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- Cause dismissed for want of prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndirangu Mwaura
Claimant
Royal Media Services Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Cause should be dismissed for want of prosecution due to inaction by the Claimant.
- 2 Whether the Claimant provided sufficient explanation for the delay in prosecuting the Cause.
Ratio Decidendi
The court found that the Claimant had failed to take any steps to prosecute the Cause for nearly two years while he was still within the jurisdiction. The explanation provided by the Claimant's advocate, that the Claimant had migrated to the United States two months prior, did not account for the prolonged period of inactivity. The court held that there was a lack of diligence on the part of the Claimant in progressing the Cause, and therefore, the matter warranted dismissal for want of prosecution.
Court Disposition
Cause dismissed for want of prosecution.
Orders
- The Cause is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1894 OF 2013
NDIRANGU MWAURA................................................CLAIMANT
VERSUS
ROYAL MEDIA SRVICES LTD............................RESPONDENT
RULING
1. This Cause was filed on 26 November 2013 and a Response was filed on 4 February 2014.
2. The last time action was taken was on 20 April 2015 when directions were given.
3. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017. The notice was acknowledged by both parties.
4. When the Cause was called out initially, the Claimant was not present and Ms. Muhoro applied to have the Cause dismissed in the absence of the Claimant or his advocate.
5. The Court scheduled ruling for 6 April 2017 but after Ms Muhoro had left Mr. Murage for the Claimant appeared in Court and informed the Court that the Claimant had migrated to the United States of America 2 months ago and therefore he needed time to get in touch with him.
6. Mr. Murage did not explain why no attempt had been made for nearly 2 years when the Claimant was within jurisdiction of the Court to progress the Cause for hearing.
7. In view of the lack of diligence to progress the Cause, the Court orders the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Murage instructed by Mugambi & Kariuki Co. Advocates
For Respondent Ms. Muhoro instructed by Kamau Kuria & Co. Advocates
Court Assistant Nixon