Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissednot stated in the excerpt provided· [2024] KEELRC 585 (KLR)

Leshishi v Kenya Bankers Savings and Credit Cooperative Society Limited (Cause E386 of 2021) [2024] KEELRC 585 (KLR)

Employment and Labour Relations Court
15 March 2024
JRJAMES RIKA
511 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Employment Court refused to dismiss an employee's claim for delay because the record showed active pre-trial steps within the first year.

What this practically means

#

Executive summary

#
The Respondent filed an application dated 24th August 2023 seeking dismissal of the Claimant's claim for want of prosecution. The court first addressed the applicable procedure, holding that the Civil Procedure Act and Rules do not regulate dismissal for want of prosecution in employment claims; the governing provision is Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016, which permits dismissal where no action has been taken within one year of filing, or where a party applies and no reasonable cause is shown. The Claim was filed on 12th May 2021. Reviewing the record, the court found that within one year the Respondent was served and entered appearance on 31st May 2021, filed a Statement of Response and Counterclaim on 22nd July 2021, and the parties undertook pre-trial steps, appearing before the Deputy Registrar for pre-trial conferencing on 6th September 2021. Both advocates corresponded between July 2021 and August 2023 seeking mention and hearing dates; the Claimant filed a further list of documents in June 2022; and the Claim was mentioned on seven occasions between February 2022 and March 2023. The court concluded there had been plenty of pre-trial activity and the Claimant could not be accused of going into a prolonged slumber. The application dated 24th August 2023 was declined, the Registry was directed to assign a hearing date as soon as practicable, and costs were awarded in the cause. Judgment delivered electronically at Nairobi on 15th March 2024 by James Rika, Judge.

Key legal issues

#
01

Whether the Claim should be dismissed for want of prosecution under Rule 16 of the E&LRC (Procedure) Rules, 2016

Holding

The application was declined because the record showed substantial pre-trial activity, including appearance, statement of response and counterclaim, pre-trial conferencing, correspondence seeking hearing dates, and multiple mention dates, showing no inaction warranting dismissal

Reasoning

Rule 16 permits dismissal where no action has been taken within one year of filing. Here the Claim was filed on 12th May 2021 and within that year the Respondent entered appearance and filed a Statement of Response and Counterclaim, parties attended pre-trial conferencing before the Deputy Registrar, both advocates wrote letters seeking mention or hearing dates, and the Claim was mentioned on seven occasions. The Claimant therefore was not in prolonged slumber.

p. 1

Legal principles established

#
  • Dismissal for want of prosecution in employment claims is governed by Rule 16 of the E&LRC (Procedure) Rules, 2016, not the Civil Procedure Act and Rules
  • A claim will not be dismissed for want of prosecution where the record shows pre-trial activity and diligence by the claimant within one year of filing

Court orders

#
  1. 1.The Application filed by the Respondent dated 24th August 2023 is declined
  2. 2.The Registry to assign the Parties a hearing date, as soon as practicable
  3. 3.Costs in the cause
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, "Leshishi v Kenya Bankers Savings and Credit Cooperative Society Limited (Cause E386 of 2021) [2024] KEELRC 585 (KLR)", Case Analysis (2024). not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/585/eng@2024-03-15

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