[2016] KEELRC 1288 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over five years since September 2012. Despite public and specific hearing notices issued for a service week intended to address case backlogs, neither party appeared or was represented at the hearing. The court exercised its...
Source-derived case information.
- Citation
- [2016] KEELRC 1288 (KLR)
- Parties
- Applicant: Patrick Kimanzi Munywoki; Respondent: Peter F Hagembe, FRCS
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 330 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
- Dismissal for Non Prosecution, Court Backlog Management, Service of Hearing Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Kimanzi Munywoki
Applicant
Peter F Hagembe, FRCS
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 for over five years since September 2012. Despite public and specific hearing notices issued for a service week intended to address case backlogs, neither party appeared or was represented at the hearing. The court exercised its discretion to dismiss the cause for non-attendance and want of prosecution, emphasizing the need for litigants to actively pursue their cases and for the court to manage its docket efficiently.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 330 OF 2012
PATRICK KIMANZI MUNYWOKI.............................................CLAIMANT
v
PETER F HAGEMBE,FRCS................................................RESPONDENT
RULING
1. The Claimant commenced legal proceedings against the Respondents on 29 March 2012 seeking wages and terminal dues.
2. There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since 20 September 2012.
3. 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.
4. Specific hearing notices were also sent to the litigants and or their Advocates.
5. When this Cause was called out for hearing, there was no appearance/representation for the parties.
6. 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