[2016] KEELRC 1310 (KLR)
The court found that the claimant had failed to take any steps to serve or prosecute the claim for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In accordance with the court's mandate to manage its docket and clear backlog, and...
Source-derived case information.
- Citation
- [2016] KEELRC 1310 (KLR)
- Parties
- Claimant: Peter Bob Oyoo; Respondent: The Hon. Attorney General (sued on behalf of the Ministry of State for Provincial Administration & Internal Security)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1439 of 2013
- 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
- Pension Arrears, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Bob Oyoo
Claimant
The Hon. Attorney General (sued on behalf of the Ministry of State for Provincial Administration & Internal Security)
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 serve or prosecute the claim for over three years since filing. Despite public and specific hearing notices, neither party appeared or was represented at the hearing. In accordance with the court's mandate to manage its docket and clear backlog, and pursuant to the applicable procedural rules, the court exercised its discretion to dismiss the cause for want of prosecution and non-attendance.
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 3 years.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1439 OF 2013
PETER BOB OYOO CLAIMANT
v
THE HON. ATTORNEY GENERAL
(sued on behalf of the Ministry of State for
Provincial Administration & Internal Security) RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 6 September 2013 seeking pension arrears.
The Claimant had also filed Milimani CMCC No. 4865 of 2005 and Nairobi JR Misc. Appl. No. 209 of 2011 which were concluded.
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
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 3 years.
Delivered, dated and signed in Nairobi this 22nd day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon