Kenya Engineering Workers Union v Maisha Mabati Limited [2022] KEELRC 738 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 738
- Citation
- [2022] KEELRC 738 (KLR)
- Decided
- 17 February 2022
The court dismissed the suit for want of prosecution by the claimant due to the delay and lack of reasonable justification.
Facts
The claimant, Kenya Engineering Workers Union, filed a labour dispute claim against the respondent, Maisha Mabati Limited, on March 11, 2016. The claimant sought an interim injunction and a certificate of urgency. The respondent filed a preliminary objection and the interim orders were discharged. The claimant did not prosecute the case for over five years until a notice to show cause was served on February 11, 2021.
Issues
- Claimant's failure to prosecute the case for over five years
- Respondent's claim that the matter did not exist and no dispute was reported to the Ministry of Labour
Reasoning
The court found that the claimant had not shown any interest to prosecute the suit and the delay was prejudicial to the respondent and the administration of justice.
Outcome
The claimant's suit was dismissed with costs.
Orders
- Interim injunction issued by Mbaru, J. on March 14, 2016
- Interim orders discharged by Abuodha, J. on March 21, 2016
- Suit dismissed for want of prosecution
Remedies
- Claimant pays the costs of the suit
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