Kenya National Private Security Workers Union v G4S Kenya Limited (Cause 587 of 2019) [2023] KEELRC 349 (KLR)
The bottom line
#A Kenyan employment court refused to dismiss a delayed union case, ruling court backlogs were partly to blame, but gave the union 30 days to fix a hearing date.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit should be dismissed for want of prosecution under Rule 16 of the ELRC Procedure Rules, 2016
Dismissal was not warranted. Although no action was taken for over one year, the delay was partly attributable to the court's backlog and unavailability of hearing dates for 2019 matters, and the claimant relied on its former counsel. Dismissing the suit would prejudice the 76 grievants.
The court applied the Utalii Transport principles and took judicial notice that in 2021 no hearing dates were issued for 2019 matters because the ELRC then had only 12 judges nationwide. The claimant had expressed willingness to prosecute the suit involving 76 grievants allegedly unlawfully terminated. No prejudice would befall the applicant if the matter proceeded to a hearing on the merits. The court therefore declined dismissal but imposed conditions: fix the matter within 30 days and pay throw away costs.
Legal principles established
#- For an application to dismiss a suit for want of prosecution to succeed, the applicant must satisfy the one-year threshold, show inordinate and inexcusable delay, show prejudice, and show a fair trial cannot be achieved
- Where delay in setting a matter down for hearing is attributable to court backlog and unavailability of hearing dates, the claimant is not wholly to blame and dismissal would be unjust
Court orders
#- 1.The application dated August 18, 2022 seeking dismissal of the cause for want of prosecution is not granted
- 2.The claimant is given another opportunity to have the matter fixed for hearing within 30 days, failing which the suit shall stand automatically dismissed
- 3.The claimants are ordered to pay Kshs 15,000/= as throw away costs to the respondents before the case is fixed for hearing
- Jurisdiction invoked
- Rule 16 of the Employment and Labour Relations Court Procedure Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v G4S Kenya Limited (Cause 587 of 2019) [2023] KEELRC 349 (KLR)", Case Analysis (2023). Cause No 587 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/349/eng@2023-02-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.