[2016] KEELRC 1312 (KLR)
The court found that the claimants had failed to take any steps to prosecute the cause for over five years since it was last in court. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. The court, exercising its discretion to manage its docket and address...
Source-derived case information.
- Citation
- [2016] KEELRC 1312 (KLR)
- Parties
- Applicant: Paul Wanyoike Njoroge; Applicant: George Murage Kibira; Applicant: Jairus Busaka Changera; Respondent: Bogani Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 557 of 2011
- 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, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Wanyoike Njoroge
Applicant
George Murage Kibira
Applicant
Jairus Busaka Changera
Applicant
Bogani Industries 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.
- 2 Whether the claimants took reasonable steps to prosecute the case.
Ratio Decidendi
The court found that the claimants had failed to take any steps to prosecute the cause for over five years since it was last in court. Despite public and specific hearing notices, neither party appeared or was represented at the scheduled hearing. The court, exercising its discretion to manage its docket and address backlog, determined that the prolonged inactivity and non-attendance justified dismissal of the cause for want of prosecution.
Court Disposition
Cause dismissed for non-attendance and want of prosecution.
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 557 OF 2011
PAUL WANYOIKE NJOROGE 1ST CLAIMANT
GEORGE MURAGE KIBIRA 2ND CLAIMANT
JAIRUS BUSAKA CHANGERA 3RD CLAIMANT
v
BOGANI INDUSTRIES LTD RESPONDENT
RULING
1. The 3 Claimants commenced legal proceedings against Bogani Industries Ltd (Respondent) on 2 January 2011 unfair termination of employment.
2. A Reply to Claim was filed on 7 July 2011.
3. On 15 November 2012, hearing was adjourned as the Court was informed the Respondent company had been closed down
4. The Cause was last placed before Court on 11 July 2013.
5. There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2013.
6. 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.
7. Specific hearing notices were also sent to the litigants and or their Advocates.
8. When this Cause was called out for hearing, there was no appearance/representation for the parties.
9. 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