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ELRCAllowedNot stated in judgment

Benedict Kyalo Muinde v Straight Security Services Limited [2021] KEELRC 1403 (KLR)

Employment and Labour Relations Court
20 January 2021
765 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed an employee's dormant claim because he took no steps for over a year, showing courts will enforce prosecution deadlines strictly.

What this practically means

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Executive summary

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The respondent, Straight Security Services Limited, applied by notice dated 28 September 2020 for dismissal of the claimant's suit for want of prosecution under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016. Its advocate, Stephen Saenyi, deponed that the claim had lain dormant for over a year: pleadings closed and hearing directions were issued on 20 March 2019, but the claimant took no further step. The claimant opposed through his advocate Patrick Waiganjo Wachira, blaming a full court diary and a notice dated 7 November 2019 from the Deputy Registrar restricting hearing dates to suits filed in 2016 and below. The court found the undisputed chronology showed inaction from 20 March 2019 until the application, and that the Deputy Registrar's notice postdated the closure of pleadings, leaving the bulk of the delay unexplained. Notably, the claimant offered no personal account of the inaction; only his advocate deponed to the reasons. Applying Rule 16 and the decision in Ruth Ndegwa v Development Alternatives Incorporated [2017] eKLR, the court held the rules exist to ensure due process and orderliness and found no justifiable cause for the delay. The application dated 28 September 2020 was allowed; the suit was dismissed for want of prosecution with costs to the respondent. Judgment was delivered in open court at Nairobi on 20 January 2021 by M. Mbaru, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the suit should be dismissed for want of prosecution under Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016
  2. 2.Whether the claimant had shown justifiable cause for the failure to prosecute the suit for over a year

Key legal issues

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01

Dismissal of suit for want of prosecution under Rule 16

Holding

The application was merited; the claimant failed to prosecute the suit for over a year without justifiable cause, and the suit was dismissed under Rule 16.

Reasoning

The court noted pleadings closed and hearing directions were issued on 20 March 2019, but no action followed until the respondent's application. The claimant's excuse - a Deputy Registrar's notice dated 7 November 2019 restricting allocation of hearing dates to suits filed in 2016 and below - did not account for the delay from March to November 2019, nor beyond. The claimant gave no personal account of inaction.

p. 1
02

Whether the Deputy Registrar's notice excused the delay

Holding

No; the notice postdated the closure of pleadings and did not explain the entire period of inaction.

Reasoning

The court observed that the notice restricting hearing dates was dated 7 November 2019, whereas pleadings closed on 20 March 2019, leaving an unexplained gap. Further, the claimant himself offered no evidence of steps taken; only his advocate's affidavit spoke to the delay.

p. 1

Legal principles established

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  • A party may apply for dismissal of a suit where no action has been taken within one year from the date of filing, and the court may dismiss the suit absent reasonable cause.
  • The procedural rules on dismissal for want of prosecution are meant to ensure due process and orderliness.

Court orders

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  1. 1.The suit is dismissed for want of prosecution pursuant to Rule 16 of the Court Rules
  2. 2.Costs to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 16 of the Employment and Labour Relations Court (Procedure) Rules, 2016

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Application by the respondent herein and dated 28 th September, 2020 is found with merit and the suit is hereby dismissed for want of prosecution pursuant to Rule 16 of the Court Rules. Costs to the respondent.
p. 2Final orders - dismissal for want of prosecution
the court court finds no justifiable cause warranting the failure by the claimant to prosecute his case for a period going to over a year and contrary to Rule 16 of the Court Rules.
p. 1Absence of justifiable cause for delay
There rules are not empty. They are meant to ensure due process and orderliness. No party should stand prejudiced.
p. 2Purpose of procedural rules

Issues in the judgment

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minor

Conflicting filing dates for the memorandum of claim: the application is said to state the suit was filed on 12 June 2017, while the court states it was filed on 29 August 2017.

minor

Conflicting dates for filing of the defence: 18 June 2018 per the respondent's affidavit versus 29 June 2018 per the court.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Benedict Kyalo Muinde v Straight Security Services Limited [2021] KEELRC 1403 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1403/eng@2021-01-20

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