Kaguongo v Co-operative Bank of Kenya Limited (Cause 1452 of 2018) [2024] KEELRC 664 (KLR)
The bottom line
#A Kenyan employment claim was dismissed after the claimant did nothing for three years — and the court made clear that pushing your own case is always your job.
What this practically means
#Executive summary
#Key legal issues
#Applicable procedural framework for dismissal for want of prosecution of employment claims
The Civil Procedure Act and Rules do not govern dismissal for want of prosecution of employment claims; Rule 16 of the E&LRC (Procedure) Rules, 2016 applies
The court held that the Respondent had invoked the wrong procedural regime. The relevant procedure is Rule 16 of the E&LRC (Procedure) Rules, 2016, under which a suit with no action taken within one year may be dismissed after notice to show cause, and any party may apply for dismissal.
Whether the Claimant showed reasonable cause for 3 years of inaction
No reasonable cause was shown; the Claimant failed to take any steps between 10th July 2019 and 16th September 2022 and wrongly asserted that the Respondent should fix the hearing
The court found no letter seeking a hearing date for 3 years, and no evidence the Claimant was denied a slot when he did write. The burden of prosecuting the claim lies on the claimant; his argument that the respondent could have fixed the hearing was rejected as contrary to fair administration of justice.
Whether dismissal for want of prosecution was warranted
Dismissal warranted; 3 years of inaction exceeded the maximum permissible 1-year period under Rule 16
Given the failure to prosecute and absence of reasonable cause, the court was satisfied the claim could not be rescued and dismissed it, awarding costs to the Respondent.
Legal principles established
#- The responsibility to prosecute a claim rests on the claimant, not the respondent; a respondent has no obligation to fix the claim for hearing
- After certification of a suit as ready for hearing, a claimant must take active steps within 1 year or face dismissal for want of prosecution under Rule 16
Court orders
#- 1.The Claim is dismissed for want of prosecution.
- 2.Costs to the Respondent.
- 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, "Kaguongo v Co-operative Bank of Kenya Limited (Cause 1452 of 2018) [2024] KEELRC 664 (KLR)", Case Analysis (2024). Not stated in judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/664/eng@2024-03-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.