Ngunyi v Kenya Nut Company Limited (Cause 45 of 2012) [2024] KEELRC 243 (KLR)
The bottom line
#A Kenyan court refused to revive an employment claim dismissed in 2018 because the worker waited over four years without explaining the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should exercise its discretion to review and reinstate a claim dismissed for want of prosecution after a delay of over four years
The application was disallowed; the delay was inordinate and unexplained and the discretion could not be exercised in the Claimant's favour
The claim was dismissed on 25th September 2018 in the presence of counsel for both parties. The Claimant did not explain why it took more than four years to seek reinstatement; her affidavit chronology omitted any explanation for the delay. The Respondent deponed it would be prejudiced, having lost documents needed to defend the claim. Relying on the principle that delay defeats equity, and noting that in employment matters records have a limited lifespan and witnesses succumb to natural attrition, the court found the delay inordinate and unreasonable and declined to exercise its discretion.
Legal principles established
#- Delay defeats equity; an unexplained lengthy delay in seeking reinstatement of a dismissed claim is inordinate and unreasonable and disentitles the applicant to the court's discretion
- In employment matters, delay causes injustice because employment records have a limited lifespan and workplace witnesses are susceptible to natural attrition
Court orders
#- 1.The Claimant's application dated 15th December 2022 is disallowed
- 2.The Claimant's claim stands dismissed and the file is closed
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Inherent discretion of the court to review/set aside its orders (application for review of order of Makau J dismissing claim for want of prosecution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngunyi v Kenya Nut Company Limited (Cause 45 of 2012) [2024] KEELRC 243 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/243/eng@2024-02-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.