Kenya National Private Security Workers Union v Bedrock Holding Limited [2017] KEELRC 1493 (KLR) | Dismissal For Want Of Prosecution | Esheria

Kenya National Private Security Workers Union v Bedrock Holding Limited [2017] KEELRC 1493 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 1555 OF 2013

KENYA NATIONAL PRIVATE SECURITY WORKERS UNION        CLAIMANT

V

BEDROCK HOLDING LIMITED                                                   RESPONDENT

RULING

1. This Cause was filed on 27 September 2013.

2. However, there is no affidavit of service on record to prove service of Summons.

3. On 19 June 2014, the hearing was scheduled for 16 September 2014 at the request of the Claimant. The Claimant did not appear on the hearing date and matter was stood over generally.

4. On 8 March 2017, the Deputy Registrar issued a hearing notice to the parties with a return date of 4 April 2017.

5. When the Cause was called out for hearing none of the parties were in Court.

6. Considering the time lapse of over 2 years before taking any move to progress the Cause for hearing, lack of evidence of service of Summons and the failure by the Claimant to appear in Court on 4 April 2017, the Court orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 6th day of April 2017.

Radido Stephen

Judge

Appearances

For Claimant  Union

For Respondent no appearance

Court Assistant    Nixon