Lawrence Otieno Owino & another v Gideon Malumbe & 2 others [2017] KEELRC 1506 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 1747 OF 2011

LAWRENCE OTIENO OWINO.................................................1ST CLAIMANT

MONICA MWERU MWANGI...................................................2ND CLAIMANT

VERSUS

GIDEON MALUMBE...........................................................1ST RESPONDENT

KENYA ELECTRICAL TRADES AND ALLIED

WORKERS UNION............................................................2ND RESPONDENT

REGISTRAR OF TRADE UNIONS....................................3RD RESPONDENT

RULING

1. The Cause was filed on 17 October 2011. It was accompanied with a motion under certificate of urgency seeking to retrain change of 2nd Respondent’s Mount Kenya North branch officials.

2. On 19 October 2011, the Court directed that the motion be served upon the Respondents.

3. During the scheduled inter partes hearing on 11 November 2011, none of the parties attended Court.

4. On 3 January 2012, Onyony & Co. Advocates came on record for the 1st and 2nd Respondents.

5. Since then, there has been no action taken to progress the application on file and/or the Cause for hearing.

6. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, but when the Cause was called out for hearing, none of the parties were present.

7. The Court considering that no action has been taken for about 6 years and that the parties failed to appear for the hearing, 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

Claimant                                  Katsoleh & Co. Advocates

1st – 2nd Respondents         Onyony & Co. Advocates

3rd Respondent                      no appearance

Court Assistant                       Nixon