Rebecca Mueni Michael v Stephen Kalonzo Musyoka & Mwingi North Constituency Office [2017] KEELRC 1497 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 2300 OF 2012

REBECCA MUENI MICHAEL…………………….....….CLAIMANT

VERSUS

HON. STEPHEN KALONZO MUSYOKA……....1ST RESPONDENT

MWINGI NORTH CONSTITUENCY OFFICE…. 2ND RESPONDENT

RULING

1. This Cause was filed on 15 November 2012 and a Response was filed on 20th February 2013.

2. The last time the parties took a step in the file was on 16th April 2015 when the Respondent changed advocates.

3. The Deputy Registrar of the Court issued a hearing notice on 8th March 2017 but when the Cause was called for hearing on 3rd April 2017, the Claimant’s advocate sought an adjournment because contact had been lost with the Claimant. The advocate in Court also indicated that the firm intended to apply to cease from acting.

4. The Claimant’s advocate on record has had more than enough time to move Court to cease from acting and its belated move was more of a convenience to get an adjournment, as it is clear from the file that it has not been diligent in progressing the Cause.

5. In the circumstances, the Court dismisses the Cause with no order as to costs.

Delivered, dated and signed in Nairobi on this 5th day of April 2017.

Radido Stephen

Judge

Representations

For Claimant  Alphonce Mutinda & Co. Advocates

For Respondent Musyoka Murambi & Associates

Assistant Court  Nixon