Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCause filed 11 April 2011 (number not stated in judgment)· [2016] KEELRC 1289 (KLR)

Benard Kibet v Brydges Centre & another [2016] KEELRC 1289 (KLR)

Employment and Labour Relations Court
20 April 2016
212 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment claim was dismissed after the worker ignored his own lawsuit for five years, showing courts will not wait forever.

What this practically means

#

Executive summary

#
Benard Kibet (Claimant) sued Brydges Centre and Rosemary Eve Wafula (Respondents) in the Employment and Labour Relations Court at Nairobi on 11 April 2011, alleging non-payment of redundancy benefits/outstanding wages and unlawful termination of employment. The Respondents filed a Response on 11 October 2011 through new advocates. On 23 October 2012 the hearing was adjourned because there was no evidence that a hearing notice had been served on the Respondents. From 2012 until 2016, the record showed no steps taken by the Claimant to prosecute the Cause. As part of measures to clear the backlog in the Court's Nairobi registry, the Deputy Registrar gave public notice, through online and newspaper advertisements, of a service week running from 18 to 22 April 2016, and specific hearing notices were also sent to litigants and their advocates. When the Cause was called out during that service week, there was no appearance or representation for either party. Justice Radido Stephen accordingly dismissed the Cause for non-attendance and non-prosecution, noting that no steps had been taken for over five years. The judgment, delivered on 20 April 2016, is a short procedural dismissal for want of prosecution; no substantive findings were made on the merits of the employment claims, no costs order appears, and no authorities or statutes were cited.

Key legal issues

#
01

Dismissal of the Cause for non-prosecution

Holding

The Cause was dismissed for non-attendance and non-prosecution, there being no evidence of any step taken by the Claimant since 2012 and no appearance by either party when the Cause was called out

Reasoning

After the 2012 adjournment (due to lack of proof of service of hearing notice on the Respondents), the record showed no steps by the Claimant to prosecute the Cause. To clear backlog at the Nairobi registry, the Deputy Registrar advertised a service week from 18 to 22 April 2016 and issued specific hearing notices. When the Cause was called out, there was no appearance or representation for any party, warranting dismissal for want of prosecution.

p. 2

Legal principles established

#
  • A cause may be dismissed for non-attendance and non-prosecution where the claimant has taken no steps to prosecute it for a period exceeding five years, including where both parties fail to appear when the cause is called out during a court service week

Court orders

#
  1. 1.The Cause be dismissed for non-attendance and non-prosecution as no steps have been taken for over 5 years
Jurisdiction invoked
Employment and Labour Relations Court's original jurisdiction over employment disputes (statutory basis not expressly cited in the judgment)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Benard Kibet v Brydges Centre & another [2016] KEELRC 1289 (KLR)", Case Analysis (2016). Cause filed 11 April 2011 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1289/eng@2016-04-20

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