Baldwin Norman Aunda v Kenya Wildlife Service [2020] KEELRC 321 (KLR)

Facts

The Claimant initiated legal proceedings alleging unfair termination of employment on 19 October 2011. The Respondent filed a Memorandum of Reply on 22 March 2012. The Claimant was given a Notice to Show Cause on 30 January 2017, but did not appear. The Court dismissed the suit for want of prosecution on 20 February 2017. The Claimant moved to review the dismissal on 25 May 2017, which was allowed with a condition to set down the case for hearing within 60 days. The Claimant sought leave to amend the Statement of Claim on 19 February 2018, but the order was not complied with. The suit was dismissed on 20 July 2018. On 28 February 2020, the Respondent filed a Motion to dismiss the suit for want of prosecution.

Issues

1. Unfair termination of employment
2. Want of prosecution

Reasoning

The Court dismissed the suit for want of prosecution on 20 July 2018. The Respondent's Motion to dismiss the suit was filed on 28 February 2020, which was overtaken by the previous dismissal.

Outcome

The Respondent's Motion to dismiss the suit for want of prosecution is marked as overtaken by events.