Perpetua Mponjiwa & another v Registrar Of Trade Unions & 5 others [2017] KEELRC 1472 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 591 OF 2014

PERPETUA MPONJIWA.........................................1ST CLAIMANT

BONNE NICHOLAS BARASA................................2ND CLAIMANT

ROBERT LICHORO..........................................3RD RESPONDENT

VERSUS

REGISTRAR OF TRADE UNIONS...................1ST RESPONDENT

ROB ABKULA..................................................2ND RESPONDENT

EDWIN OPICHO WAKOLI..............................3RD RESPONDENT

MARK SPINKS OKELLO................................4TH RESPONDENT

IGNATIUS NJERU KANYAMBA......................5TH RESPONDENT

DAVID KISINDAI..............................................6TH RESPONDENT

RULING

1. The Memorandum of Claim herein was filed in Court on 8 April 2014. It was accompanied with a motion under certificate of urgency.

2. The Court directed the motion to be served for inter partes hearing on 15 April 2014 and on this day, the Respondents sought and got more time to file their responses.

3. The Court scheduled mention on 19 May 2014 to confirm the filings and for further directions.

4. The Respondents did not file the responses to the application as directed and further none of the parties attended Court on 19 May 2014.

5. There have since been no steps taken to progress the Cause for hearing and on 8 March 2017, the Deputy Registrar issued a Notice to Show Cause why the Cause should not be dismissed.

6. The return date was 5 April 2017.

7. None of the parties appeared in Court when the Cause was called out.

8. Despite there being no evidence on record that the Notice was served upon the parties, there is equally no evidence on record that the Claimants served Notice of Summons and Memorandum of Claim upon the Respondents.

9. It is clear that the Claimants long ago lost interest in the Cause whose substance was to interdict the convening of a meeting or causing change of officials of a Union.

10. Considering the fact that there is no evidence that the Respondents were served with Notice of Summons and the failure to attend Court on 5 April 2017, the Court orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 7th day of April 2017.

Radido Stephen

Judge

Appearances

For Claimants                             Odhiambo & Oronga & Co. Advocates

Respondents                             no papers on record

Court Assistant                          Nixon