[2016] KEELRC 1333 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over four years since it was last in court. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of expeditious disposal of cases and to address...
Source-derived case information.
- Citation
- [2016] KEELRC 1333 (KLR)
- Parties
- Claimant: Patrick Wambua Mathuku; Respondent: Sunflag Textile & Knitwear Mills Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2248 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
- Unfair Termination, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Wambua Mathuku
Claimant
Sunflag Textile & Knitwear Mills Ltd
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 four years since it was last in court. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. In the interest of expeditious disposal of cases and to address backlog, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
Cause dismissed for non-attendance and want of prosecution.
Orders
- This Cause is dismissed for non-attendance and non-prosecution as no steps have been taken for over 4 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. 2248 OF 2012
PATRICK WAMBUA MATHUKU CLAIMANT
v
SUNFLAG TEXTILE & KNITWEAR MILLS LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 6 November 2012 alleging unfair termination of employment.
The Respondent filed its Response on 27 June 2013.
There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since it was last in Court on 27 November 2012.
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 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon