Jeniffer Egadwa v PZ Cussons EA Ltd [2016] KEELRC 1341 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO.   578 OF 2011

JENIFFER EGADWA.................................................CLAIMANT

v

PZ CUSSONS EA LTD........................................RESPONDENT

RULING

1. Jenniffer Egadwa Mugasia (Claimant) commenced legal proceedings against PZ Cussons EA Ltd (Respondent) on 18 April 2011 alleging unfair termination of employment The Claim was accompanied with a motion.

2. The Federation of Kenya Employers filed a Notice of Appointment to act for the Respondent on 29 April 2011.

3. The firm of H.M. Mudeizi & Co. Advocates also filed a Memorandum of Appearance for the Respondent on 11 April 2016.

4. The Cause was last placed before Court on 20 November 2012 during which none of the parties appeared.

5. There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2012.

6. 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.

7. Specific hearing notices were also sent to the litigants and or their Advocates.

8. When this Cause was called out for hearing, there was no appearance/representation for the Claimant while Mr. Khayenga appeared for the Respondent and he sought the dismissal of the Cause.

9. The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years.

Delivered, dated and signed in Nairobi this 20th day of April 2016.

Radido Stephen

Judge

Court Assistant     Nixon