[2016] KEELRC 1335 (KLR)
The court found that the claimant had not served the memorandum of claim nor taken any steps to prosecute the cause for over four years since filing. In the absence of any appearance or representation by either party, and in line with the court's mandate to manage its docket and clear backlog, the court exercised...
Source-derived case information.
- Citation
- [2016] KEELRC 1335 (KLR)
- Parties
- Claimant: Stephen Awino Ogaga; Respondent: Kenya Kazi Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2223 of 2012
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Awino Ogaga
Claimant
Kenya Kazi Services Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Non Prosecution
Legal Issues
- 1 Whether the cause should be dismissed for non-attendance and non-prosecution.
- 2 Whether the claimant took any steps to prosecute the claim since filing.
Ratio Decidendi
The court found that the claimant had not served the memorandum of claim nor taken any steps to prosecute the cause for over four years since filing. In the absence of any appearance or representation by either party, and in line with the court's mandate to manage its docket and clear backlog, the court exercised its discretion to dismiss the cause for non-attendance and want of prosecution.
Court Disposition
Cause dismissed for non-attendance and non-prosecution.
Orders
- The cause is dismissed for non-attendance and non-prosecution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2223 OF 2012
STEPHEN AWINO OGAGA..................................CLAIMANT
v
KENYA KAZI SERVICES LTD............................. RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 5 November 2012 alleging unfair termination of employment.
There is nothing on the record to suggest that the Claimant served the Memorandum of Claim and/or has taken steps to prosecute the Cause since it was filed.
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 4 years.
Delivered, dated and signed in Nairobi this 21st day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon