Joseph Mutavi Makuli v East African Sea Food Ltd [2016] KEELRC 1351 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 493 OF 2011
JOSEPH MUTAVI MAKULI…………………….CLAIMANT
V
EAST AFRICAN SEA FOOD LTD…………..RESPONDENT
RULING
Joseph Mutavi Makuli (Claimant) commenced legal proceedings against East African Sea Food Ltd (Respondent) on 31 March 2011 alleging unlawful termination of employment on account of redundancy.
The Respondent filed a Response on 5 June 2012 through the Federation of Kenya Employers.
There is nothing on the record to suggest that the Claimant has taken any steps to have the Cause prosecuted from 2011.
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.
Specific hearing notices were also sent to the litigants and or their Advocates.
When this Cause was called out for hearing, there was no appearance/representation for the parties.
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