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ELRCDismissedNot stated in excerpt· [2021] KEELRC 510 (KLR)

Boniface Ongari Osuso v Neptune Hotels Limited [2021] KEELRC 510 (KLR)

Employment and Labour Relations Court
4 November 2021
ANAGNES M.K. NZEI
429 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa employment court dismissed a claim the employee left idle for two and a half years, warning that stalled Kenyan cases will be struck out.

What this practically means

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Executive summary

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This was an employment claim instituted on 22 June 2016 by a Memorandum of Claim dated 20 June 2016, with the Respondent's Response filed on 16 December 2016. Hearing on 16 July 2018 was adjourned at the Claimant's instance, with the Claimant ordered to pay the Respondent's agreed costs of Ksh.5,000. Thereafter, for over two and a half years, the Claimant took no step to prosecute the suit. On 23 June 2021, the Court, on its own motion under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016, issued a written notice requiring the parties to show cause why the suit should not be dismissed for want of prosecution. Parties were directed to file responses; the Claimant filed a Replying Affidavit on 27 July 2021. The Court found that the Claimant gave no valid reason for the prolonged inaction and no reasonable cause was shown for keeping the suit alive. Applying Rule 16(1), which permits dismissal where no action is taken within one year of filing and no reasonable cause is shown, the Court dismissed the Claimant's suit for want of prosecution on 4 November 2021, with no orders as to costs. The ruling was delivered virtually via Microsoft Teams owing to COVID-19 restrictions on physical court operations. Mr. Mkomba appeared for the Claimant; there was no appearance for the Respondent.

Key legal issues

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Dismissal for want of prosecution under Rule 16 ELRC (Procedure) Rules, 2016

Holding

The suit was dismissed because the Claimant failed to show reasonable cause for over two and a half years of inaction after a notice to show cause

Reasoning

The suit was last active in July 2018 when it was adjourned at the Claimant's instance with costs awarded. After a notice to show cause issued on 23/6/2021, the Claimant filed a Replying Affidavit but gave no valid reason for the prolonged inaction. Rule 16(1) empowers dismissal where no action is taken within one year and no reasonable cause is shown, so the suit was dismissed.

p. 1

Legal principles established

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  • Where no step is taken in a suit within one year, the Court may issue a notice to show cause and dismiss the suit if no reasonable cause is shown

Court orders

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  1. 1.The Claimant's suit is dismissed for want of prosecution
  2. 2.No orders as to costs

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 16(1)
Jurisdiction invoked
Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016

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, "Boniface Ongari Osuso v Neptune Hotels Limited [2021] KEELRC 510 (KLR)", Case Analysis (2021). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/510/eng@2021-11-04

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