Kabii Daniel Mungai v Kenya Medical Practitioners Pharmacists & Dentists Union [2016] KEELRC 1352 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO.  2173 OF 2012

KABII DANIEL MUNGAI......................................................................................................CLAIMANT

V

KENYA MEDICAL PRACTITIONERS PHARMACISTS & DENTISTS UNION..........RESPONDENT

RULING

The Claimant commenced legal proceedings against the Respondent on 26 October 2012 seeking an order dissolving the National Executive Council of the Respondent.

The Memorandum of Claim was accompanied with a Notice of Motion which was withdrawn on 6 November 2012, when another motion was filed.

There is nothing on the record to suggest that the Claimant has taken steps to prosecute the Cause since it was last in Court on 16 January 2013.

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 4 years.

Delivered, dated and signed in Nairobi this 21st day of April 2016.

Radido Stephen

Judge

Court Assistant    Nixon