Lawrence Ouma Musumba v Gurdev Engineering Construction Co. Ltd [2016] KEELRC 1344 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO.  2166 OF 2012

LAWRENCE OUMA MUSUMBA................................................CLAIMANT

v

GURDEV ENGINEERING CONSTRUCTION CO. LTD................RESPONDENT

RULING

The Claimant commenced legal proceedings against the Respondent on 24 October 2012 alleging unfair labour practices. The Memorandum of Claim was accompanied with an application.

On 30 October 2012, the firm of M’Njau & Mageto Advocates came on record for the Claimant.

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 29 October 2012, when the file was last before Court.

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