Richard Omemu Benjamin & Robert Mutua v Al Khaleej General Trading Ltd [2016] KEELRC 1321 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO.  1471 OF 2013

RICHARD OMEMU BENJAMIN..............................................1ST CLAIMANT

ROBERT MUTUA....................................................................2ND CLAIMANT

v

AL KHALEEJ GENERAL TRADING LTD...............................RESPONDENT

RULING

1. The Claimants commenced legal proceedings against the Respondent on 10 September 2013 alleging unfair termination of employment.

2. 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 filing.

3. 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.

4. Specific hearing notices were also sent to the litigants and or their Advocates.

5. When this Cause was called out for hearing, there was no appearance/representation for the parties.

6. The Court therefore orders that this Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Delivered, dated and signed in Nairobi this 22nd day of April 2016.

Radido Stephen

Judge

Court Assistant             Nixon