[2017] KEELRC 1507 (KLR)
The court found that the claimant had failed to take any steps to prosecute the cause for over two years, and that the explanation provided—difficulty in contacting a third party—was insufficient. The court held that the responsibility to progress the case lay with the claimant, and that neither the respondent nor...
Source-derived case information.
- Citation
- [2017] KEELRC 1507 (KLR)
- Parties
- Claimant: Philip Kiplimo Kosgey; Respondent: G4S Security Services (Kenya) Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 630 of 2014
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management, Indolence of Claimant
- 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
Philip Kiplimo Kosgey
Claimant
G4S Security Services (Kenya) Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the cause should be dismissed for want of prosecution due to inordinate delay by the claimant.
- 2 Whether the claimant's explanation for the delay is sufficient to avoid dismissal.
Ratio Decidendi
The court found that the claimant had failed to take any steps to prosecute the cause for over two years, and that the explanation provided—difficulty in contacting a third party—was insufficient. The court held that the responsibility to progress the case lay with the claimant, and that neither the respondent nor the claimant's advocate should suffer due to the claimant's indolence. Accordingly, the court exercised its discretion to dismiss the cause for want of prosecution, with no order as to costs.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is 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. 630 OF 2014
PHILIP KIPLIMO KOSGEY..........................................CLAIMANT
VERSUS
G4S SECURITY SERVICES (KENYA) LTD.........RESPONDENT
RULING
1. The Court issued a Notice to Show Cause why the Cause should not be dismissed to the parties on 8 March 2017.
2. In an attempt to fend off the dismissal, Mr. Wangila for the Claimant informed the Court that this Cause was part of a series (Causes Nos 624 of 2014 to 629 of 2014 and 631 of 2014) in which he had not been able to get in touch with a Wambua Kioo who had brought the Claimants to him. He had last made contact with the said gentleman in 2015.
3. He urged the Court to grant him 60 more days to locate the said person.
4. In supporting the move to dismiss the Cause, Ms. Wataka for the Respondent urged that 2 years without taking any steps was inordinate delay and that if the Court was minded to allow the Claimant time, it should be less than the 60 days sought.
5. It is correct as urged by the Respondent that no steps have been taken by the Claimant for over 2 years. The mere fact that there are several Causes involving one employer/ Respondent is no excuse for inaction in progressing a suit for hearing.
6. If the statements made from the bar by the Claimant’s advocate are correct, it only demonstrates that the Claimant has been indolent in following up his legal advisors on the status of his case and the administration of justice, the Respondent and the Claimant’s advocate should not be casualties of that indolence.
7. The Court orders the Cause dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Wangila instructed by A S Kuloba & Wangila Advocates
For Respondent Ms. Wataka instructed by Hamilton Harrison & Mathews, Advocates
Court Assistant Nixon