David Muriuki Ngare v Spin Knit Limited [2016] KEELRC 881 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT

NAKURU

CAUSE NO. 75 OF 2014

(Originally Nakuru Cause CMCC No. 1063 of 2003)

DAVID MURIUKI NGARE                          CLAIMANT

v

SPIN KNIT LIMITED                           RESPONDENT

RULING

1. The Claimant’s case was closed on 14 April 2015 and because the Respondent was not ready, its case was adjourned to 20 April 2015.

2. However on 20 April 2015, the parties indicated that they were negotiating for an out of court settlement and the Court allowed them to negotiate.

3. No  settlement  was  reached  and  on  24  April  2015  the Claimant’s advocate on record sought to withdraw.

4. The Court allowed the application and the Claimant was given time to instruct another advocate.

5. On 26 February 2016, after several mentions to confirm whether the Claimant had instructed an advocate, the Court fixed the hearing of the Respondent’s case for 13 July 2016.

The  date  was  fixed  in  the  presence  of  the  Respondent’s advocate.

6. When the Cause was called out for hearing on 13 July 2016, the Claimant informed the Court that he was ready to proceed with the hearing.

7. The Respondent was not represented and the Court had the file placed aside until 10. 35 am. For unknown reasons, the Claimant was not in Court at 10. 35am, and the Court directed that it would deliver a ruling today.

8. The finalisation of this Cause has been frustrated by the failure of the Claimant to instruct an advocate. The record bears out that a firm of advocate filed a Notice of Change on 3 March 2016 but there was no explanation why there was no representation on 13 July 2016.

9. There was equally no explanation why the Respondent’s advocate was not in Court.

10. In the circumstances, the Court is constrained to order that the Respondent’s case be deemed as closed and it is so ordered.

11. The Court will embark on preparation and delivery of judgment.

Delivered, dated and signed in Nakuru on this 22ndday of July 2016.

Radido Stephen

Judge

Appearances

For Claimant               Munene Chege & Co. Advocates

For Respondent        Mukite Musangi  & Co. Advocates

Court Assistant          Nixon