Augustine Mutunga Ndambuki v Factory Guards Ltd [2017] KEELRC 1471 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 514 OF 2014

AUGUSTINE MUTUNGA NDAMBUKI.........................................CLAIMANT

v

FACTORY GUARDS LTD.......................................................RESPONDENT

RULING

1. The Memorandum of Claim herein was filed in Court on 31 March 2014.

2. On 10 March 2017, the Deputy Registrar issued a Notice to Show Cause why the Cause should not be dismissed. The return date was 5 April 2017.

3. None of the parties appeared in Court when the Cause was called out.

4. Despite there being no evidence on record that the Notice was served upon the parties, there is equally no evidence on record that the Claimant served Notice of Summons and Memorandum of Claim upon the Respondent.

5. Considering the fact that there is no evidence that the Respondent was notified of the Cause and the time lapse, the Court orders that the Cause be 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       Lucy Njiru & Co. Advocates

Respondent        no papers on record

Court Assistant   Nixon