Charles Muriuki, Peter Kioko, Silas Omondi & Mulwa Kioko v Manson Hart Kenya Ltd [2017] KEELRC 1518 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 320 OF 2013

CHARLES MURIUKI                                     1ST CLAIMANT

PETER KIOKO                                              2ND CLAIMANT

SILAS OMONDI                                           3RD CLAIMANT

MULWA KIOKO                                            4TH CLAIMANT

v

MANSON HART KENYA LTD                       RESPONDENT

RULING

1. The Cause was filed on 12 March 2013. There is no Response on record.

2. The last time there was action in the file was on 22 January 2014 when hearing was scheduled for 30 September 2014. It is not clear from the record what transpired on the hearing date.

3. Since then, there has been no action taken to progress the Cause for hearing.

4. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present. The Claimant had acknowledged service of the hearing notice.

5. The Court, considering that no action has been taken for about 3 years and that the parties failed to appear for the hearing, orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 6th day of April 2017.

Radido Stephen

Judge

Appearances

Claimant                        Kivuva Omuga & Co. Advocates

Respondent                  Federation of Kenya Employers

Court Assistant            Nixon