[2016] KEELRC 1327 (KLR)
The court found that the claimants had not taken any steps to prosecute the cause since its filing in 2011. Despite public and specific hearing notices issued for a service week in April 2016, neither party appeared or was represented when the matter was called out. The court, exercising its discretion to manage its...
Source-derived case information.
- Citation
- [2016] KEELRC 1327 (KLR)
- Parties
- Claimant: Philip Omweri Ratemo & 15 Others; Respondent: Kenya Plantation & Agricultural Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 496 of 2011
- Procedural Posture
- Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-prosecution.
- Judges
- MSA Makhandia
- Legal Topics
- Union Elections, Non Prosecution, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Omweri Ratemo & 15 Others
Claimant
Kenya Plantation & Agricultural Workers Union
Respondent
Procedural Posture
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 claimants had not taken any steps to prosecute the cause since its filing in 2011. Despite public and specific hearing notices issued for a service week in April 2016, neither party appeared or was represented when the matter was called out. The court, exercising its discretion to manage its docket and address backlog, held that the prolonged inactivity and non-attendance justified dismissal of the cause for want of prosecution.
Court Disposition
Cause dismissed for non-attendance and non-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
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 496 OF 2011
PHILIP OMWERI RATEMO & 15 OTHERS CLAIMANT
v
KENYA PLANTATION & AGRICULTURAL
WORKERS UNION RESPONDENT
RULING
The Claimants commenced legal proceedings against Kenya Plantation & Agricultural Workers Union (Respondent) on 4 April 2011 challenging as irregular and unfair elections held by the Respondent’s Limuru branch on 9 January 2011
The Respondent filed a Response on 15 April 2011.
There is nothing on the record to suggest that the Claimants have taken any steps to have the Cause prosecuted from 2011.
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 5 years.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon