Patrick Gichuhi Ngugi v Team Australia Limited [2021] KEELRC 786 (KLR)
The bottom line
#A Kenyan employment court spared a delayed lawsuit from dismissal, but gave the claimant just 30 days to set a hearing date or lose the case automatically.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant's inaction since 28th May 2019 warranted dismissal for want of prosecution
Although the claimant had done nothing to secure a hearing date for over a year and appeared not vigilant, the court declined outright dismissal and granted a final 30-day window in the interests of justice.
The suit was filed on 27th April 2017, pleadings closed on 28th May 2019 with hearing directions, and nothing was done thereafter until the respondent's application. The claimant offered no tangible evidence of vigilance. Nonetheless, weighing all factors and the interests of justice, the court allowed the claimant a fair chance to fix a hearing date within 30 calendar days, with automatic dismissal thereafter.
Whether COVID-19 closures excused the delay
The court took judicial notice of the CJ's Notice of 16th March 2020 closing courts, but held that courts resumed blended operations in August 2020 and the closures did not excuse the claimant's inaction.
The court acknowledged the temporary closure of courts following the Chief Justice's Notice of 16th March 2020 due to COVID-19, but noted that from August 2020 courts up-scaled operations allowing virtual and physical prosecution of matters. The temporary closure therefore did not prevent the claimant from taking steps to secure a hearing date.
Legal principles established
#- Under Rule 16 of the ELRC (Procedure) Rules, 2016, a suit may be dismissed for want of prosecution, on the court's own motion or on application by a party, where there is inaction for over a year
- The temporary closure of courts during COVID-19 did not stop parties from securing justice
Court orders
#- 1.Application dated 8th October 2020 seeking dismissal for want of prosecution is declined
- 2.Claimant granted 30 calendar days to fix a hearing date, failing which the suit shall stand dismissed on 8th November 2021
- 3.Costs of the application to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 16 (dismissal for want of prosecution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Gichuhi Ngugi v Team Australia Limited [2021] KEELRC 786 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/786/eng@2021-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.