John Oyucho, Erastus Wabolinga & Charles Ondieki v Registrar of Trade Unions & Kenya Union of Post Primary Education Teachers [2017] KEELRC 1527 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 2081B OF 2012

JOHN OYUCHO…………………….……………..………… 1ST CLAIMANT

ERASTUS WABOLINGA………..…….…………………….2ND CLAIMANT

CHARLES ONDIEKI……………..………………………….3RD CLAIMANT

VERSUS

REGISTRAR OF TRADE UNIONS………..……..…………RESPONDENT

AND

KENYA UNION OF POST PRIMARY

EDUCATION TEACHERS…………………..….……INTERESTED PARTY

RULING

1. This Cause was filed on 10th October 2012 and was accompanied with a motion under certificate of urgency.

2. On 13th May 2013, Mbaru J dismissed a preliminary objection by the Respondent and directed that the Cause proceed to hearing on the merits.

3. The last time the Cause was before Court was on 16th September 2014 when the Court directed that dates to be taken in the Registry.

4. There has been no action by the parties to progress the Cause for hearing and on 8th March 2017, the Deputy Registrar issued hearing notice to the parties.The Claimant’s advocate acknowledged service on 16th March 2017.

5. When the Cause was called out for hearing on 3rd April 2017, Mr. Masese for the Respondent sought for the dismissal of the Cause for want of prosecution.

6. The Court dismisses the Cause due to non-appearance of the Claimant and/or their advocate with no order as to costs.

Delivered, dated and signed in Nairobi on this 5th day of April 2017.

Radido Stephen

Judge

Representations

For Claimant                       Oduor Henry John & Co. Advocates

For Respondent                  Mr. Masese instructed by Mariaria & Co. Advocates

Court Assistant                   Nixon