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ELRCOtherNot stated in the judgment· [2015] KEELRC 575 (KLR)

Kenya Engineering Workers’ Union v I.S.L. Kenya Ltd [2015] KEELRC 575 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
17 July 2015
ANAbuodha J. N.
426 words in judgment
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The bottom line

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Kenya's Employment Court refused to dismiss an employment claim for delay, choosing a full hearing on the merits over throwing the case out on a technicality.

What this practically means

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Executive summary

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The respondent in an employment claim before the Industrial Court at Nairobi brought a motion seeking dismissal of the suit for want of prosecution, contending through Mr. Okello's supporting affidavit that the claim, filed on 30th November 2011, had not been prosecuted since the matter was last in court on 21st February 2012. The applicant asserted the claimant was not interested in the suit and that the respondent was prejudiced by the abeyance. The claimant opposed the application, blaming the respondent for the delay: the respondent had reportedly appealed to the claimant to seek court-sanctioned out-of-court negotiations which never took place because the respondent's directors were not at the premises, and the respondent's operations had closed. The Court perused the file and could trace proceedings only as far back as 1st April 2014, when the application came before Lady Justice Ndolo and time was granted to the claimant to file a reply. The Court held it could not confirm the applicant's averments regarding delay from the record. While noting it does not encourage indolent litigants, the Court reasoned that a hearing on merit finally resolves disputes better than a disposal on technicality, and leaned towards allowing parties their day in court. The application was disallowed, with a direction that the claimant set the suit down for hearing at the earliest opportunity. The judgment, delivered at Nairobi on 17th July 2015 by Abuodha J, made no costs order and cited no authorities or statutes.

Key legal issues

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01

Whether the claim should be dismissed for want of prosecution

Holding

The application was disallowed; the claimant was directed to set the suit down for hearing promptly

Reasoning

The applicant alleged the claimant had taken no steps for over two years, but on perusal of the court record the Court could only trace proceedings as far back as 1st April 2014 and could not confirm the averred delay. Weighing the court's distaste for indolent litigants against the preference for determination on merit, the Court leaned toward allowing parties their day in court.

p. 1

Legal principles established

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  • Courts prefer disposal of suits on merit over dismissal on technicality, even where a litigant may be indolent

Court orders

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  1. 1.The application to dismiss the suit for want of prosecution is disallowed
  2. 2.The claimant is directed to set the suit down for hearing at the earliest opportunity
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Industrial Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Engineering Workers’ Union v I.S.L. Kenya Ltd [2015] KEELRC 575 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/575/eng@2015-07-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.