REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU

CAUSE NO. 565 OF 2014

(Originally Nakuru Civil Case No. 2 of 2003)

PETER NJUGUNA MURIMA                                         CLAIMANT

v

POSTAL CORPORATION OF KENYA                  RESPONDENT

RULING NO. 2

1. On 4 December 2015, the Court delivered a considered ruling in which it dismissed the Claim which the Claimant is attempting to resuscitate through the motion the subject of this ruling.

2. The motion seeks

a) ….

b) This Honourable Court be pleased to set aside its orders of 4/11/2015 dismissing the suit for non-attendances of Court by the Plaintiff on 23/11/2015 and instead reinstate the suit for hearing and determination on merit.

c)….

3. The Claimant has advanced three main reasons in support of his application. These are that his advocate used a postal address he had long stopped using to notify him of the hearing set for 23 November 2015, that he was on bed rest from 20 November 2015 to 27 November 2015, and that he had sold his mobile phone and thus he could not be reached.

4. The Respondent did not oppose the application at the submission stage though Mr. Osamba Otieno, Advocate had filed a replying affidavit in Court on 28 January 2016 vehemently opposing the motion.

5. The Court has considered the application and submissions by Mr. Kimatta as well as the replying affidavit aforesaid.

6. In the ruling dismissing the Cause, the Court set out the background surrounding the claim and the Claimant’s disinterest in prosecuting the claim over the years.

7. The Court regrettably sees no demonstration by the Claimant why the Court ought to exercise its discretion in his favour, as the issue of lack of communication between him and his counsel has antecedents, as is clear from the record.

8. In fact, there is no explanation at all as to how the Claimant and the legal counsel got in touch with each other after the dismissal of the Cause.

9. That disclosure was of materiality as any diligent party ought to follow up the progress on his/her case with the legal representative on record.

10. Despite the Respondent not opposing the motion dated 15 December 2015 at the submissions stage, the Court declines the invitation and dismisses the same with no order as to costs.

Delivered, dated and signed in Nakuru on this 11^th day of March 2016.

Radido Stephen

Judge

Appearances

For Claimant                             Mr. Kimatta instructed by Kimatta & Co. Advocates

For Respondent                      Mr. Biko instructed by Robson Harris & Co. Advocates

Court Assistant                         Nixon