Kenya Building, Construction, Timber & Furniture Industries Employees Union v China National Aero Technology International Engineering Corporation Ltd [2016] KEELRC 1332 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1468 OF 2013
KENYA BUILDING, CONSTRUCTION, TIMBER
& FURNITURE INDUSTRIES EMPLOYEES UNION CLAIMANT
v
CHINA NATIONAL AERO TECHNOLOGY
INTERNATIONAL ENGINEERING CORPORATION LTD RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondent on 10 September 2013 alleging refusal by the Respondent to deduct and remit union dues.
There is nothing on the record to suggest that the Claimant has taken steps to serve the Memorandum of Claim and/or prosecute the Cause since filing.
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 3 years.
Delivered, dated and signed in Nairobi this 22nd day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon