Morris Chetile Machunjilu v Reime Kenya Limited [2016] KEELRC 1045 (KLR)

Summary at a glance

Facts

The claimant filed a suit seeking payment of terminal benefits and compensation for wrongful termination on 30th September 2010. The matter was last in court on 5th September 2012 before Hon. O. N. Makau J.

Issues

• Whether there has been inordinate delay on the part of the plaintiffs in prosecuting the case.
• Whether the delay gives rise to substantial risk to fair trial or cause serious prejudice to the defendant.

Reasoning

The court applied the principles set out in Mwangi S Kimenyi Vs Attorney General & Another [2014] eKLR to determine the delay and its impact on the fair trial and prejudice to the defendant. The court found that the delay was not intentional and granted the claimant a last opportunity to have the suit heard and determined on the merits.

Outcome

The application to dismiss the matter for want of prosecution is not allowed.

Orders

• The parties are directed to appear before the court for taking of a hearing date within 14 days from the date of this ruling.
• If the parties fail to appear, the suit will stand dismissed for want of prosecution.

Authorities cited