Thomas Mboga v Kipkebe Limited [2018] KEELRC 2331 (KLR)

IN THE REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 1003 OF 2010

(Before Hon. Lady Justice Hellen S. Wasilwa on 5th February 2018)

THOMAS MBOGA ……………………………..................CLAIMANT

VERSUS

KIPKEBE LIMITED  ………………………..……….RESPONDENT

RULING

1. The Application before Court is dated 21st June 2016.  The Applicant seeks orders to dismiss this case for want of prosecution.  The Claimant Respondents were served with this application and they appeared before this Court on 21st July 2016.  They were given 7 days to file their response.  They never filed as advised.

2. The Respondent Applicants therefore proceeded to fix this application for hearing and served the Claimant with a hearing notice on 10th October 2017 for hearing on 5th December 2017.  On 5th December 2017, the Claimant though served, failed to appear.

3. The Respondent Applicants have averred that this matter was last in Court on 2nd March 2012 for hearing but the case was adjourned at the instance of the Claimant’s Advocate who was held up in another matter.  The Court directed that parties fix a fresh date at the registry.  One year down the line, when this application was filed on 22nd June 2016, the Claimant had never fixed a hearing date or taken any steps to prosecute the matter.

4. The Applicants contend that as the matter stands, the Claimant are disinterested in prosecuting this matter and they therefore want the application to dismiss this case for want of prosecution allowed.

5. I have considered the Applicant’s averments and the fact that the Claimant is ever disinterested in prosecuting the current application.

6. I do concur with the Respondents that the Claimants are not interested in prosecuting this claim.  They have not taken any steps to fix the case for hearing or demonstrated to Court any difficulties they may have encountered in doing so.  I therefore allow their application and dismiss this claim for want of prosecution with costs to the Respondent Applicants.

Read in open Court this 5th day of February, 2018.

HON. LADY JUSTICE HELLEN WASILWA

JUDGE

In the presence of:

No appearance for Parties