[2016] KEELRC 1321 (KLR)
The court found that the claimants 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. To manage the court's backlog and in the absence of prosecution, the court...
Source-derived case information.
- Citation
- [2016] KEELRC 1321 (KLR)
- Parties
- Plaintiff: Richard Omemu Benjamin; Plaintiff: Robert Mutua; Respondent: Al Khaleej General Trading Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1471 of 2013
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Non Prosecution
- Outcome
- Cause dismissed for non-attendance and non-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
Richard Omemu Benjamin
Plaintiff
Robert Mutua
Plaintiff
Al Khaleej General Trading Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the claim should be dismissed for want of prosecution and non-attendance by the parties.
Ratio Decidendi
The court found that the claimants 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. To manage the court's backlog and in the absence of prosecution, the court exercised its discretion to dismiss the cause for non-attendance and non-prosecution.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- This Cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1471 OF 2013
RICHARD OMEMU BENJAMIN..............................................1ST CLAIMANT
ROBERT MUTUA....................................................................2ND CLAIMANT
v
AL KHALEEJ GENERAL TRADING LTD...............................RESPONDENT
RULING
1. The Claimants commenced legal proceedings against the Respondent on 10 September 2013 alleging unfair termination of employment.
2. 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.
3. 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.
4. Specific hearing notices were also sent to the litigants and or their Advocates.
5. When this Cause was called out for hearing, there was no appearance/representation for the parties.
6. 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