Case ID:170396

Anthony Njuguna v Afri-China International Co. Ltd & another [2021] eKLR

Case Metadata

Case Number:

Cause 437 of 2018

Parties:

Anthony Njuguna v Afri-China International Co. Ltd & Zheng Miaoguo

Date Delivered:

18 Feb 2021

Case Class:

Civil

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

James Rika

Citation:

Anthony Njuguna v Afri-China International Co. Ltd & another [2021] eKLR

Court Division:

Employment and Labour Relations

County:

Nairobi

Case Outcome:

Respondents’ Application declined

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR

RELATIONS COURT AT NAIROBI

CAUSE NUMBER 437 OF 2018

BETWEEN

ANTHONY NJUGUNA...............................................CLAIMANT

VERSUS

1. AFRI-CHINA INTERNATIONAL CO. LTD

2. ZHENG MIAOGUO..........................................RESPONDENT

RULING

1. In their application dated 3

rd

March 2020, the Respondents seek an order that the Claim filed herein, is dismissed for want of prosecution. The Respondents state that the Claimant has not taken active steps to prosecute the Claim since the matter was certified ripe for hearing, on 28

th

January 2019. The Respondents rely on the Affidavit of the 2

nd

Respondent, sworn on 3

rd

March 2020.

2. The Claimant opposes the Application, relying on the Grounds of Opposition filed on 29

th

June 2020, and the Affidavit of his Counsel Kimwere Josphat, sworn on 17

th

June 2020. He states that the record does not reflect he has failed to prosecute. The Application is frivolous and in abuse of the court process. It is the Respondents who have been frustrating prosecution of the Claim. The Counsel for the Claimant outlines steps taken in prosecution of the Claim, and explains further, that his Client was charged in a criminal case and convicted of forging some employment documents, which are part of his bundle of documents in the Claim.

The Court Finds

: -

3. The Claim was filed on 28

th

March 2018.

4. The Claimant has shown, and the record supports him, that he has actively sought to prosecute the Claim. In very year from 2018, through 2020, the active steps were taken to prosecute. The Court notes that Parties were simultaneously engaged in a criminal case, which has culminated in conviction of the Claimant for forgery of employment documents.

5. The Court takes judicial notice that the year 2020 has been defined by a pandemic, the novel coronavirus. It has been the year of lockdowns and physical disengagement. Public Institutions and Private Businesses have largely scaled down their activities. Judicial service has been limited. Although this has not been raised by the Parties, the Court thinks it is a relevant consideration. The Court should be slow in finding litigants to have failed to prosecute their matters, while the Court itself is not rendering judicial service at normal capacity.

6. Lastly, it is noted that the Claimant was employed by the Respondents, according to his Pleadings, as a Manager. He performed this role at Embu, Meru, Nyeri and Murang’a [ commonly part of the counties known as Mt. Kenya Region]. The Claimant is a resident of Sabasaba, Murang’a County. He should not be litigating at Nairobi. The dispute bears closest connecting factors with the E&LRC Nyeri.

IT IS ORDERED: -

a. Respondents’ Application dated 3

rd

March 2020 is declined, with no order on the costs.

b. The Claim is hereby transferred to the E&LRC at Nyeri.

Dated and delivered at Nairobi, this 18

th

day of February, 2021

James Rika

JUDGE