[2023] KEELRC 502 (KLR)

Ahmed & 3 others v Governor, Mandera County Government & 5 others; Elias & 32 others (Interested Parties) (Petition E199 & E203 of 2022 (Consolidated)) [2023] KEELRC 502 (KLR) (28 February 2023) (Ruling)

Neutral citation: [2023] KEELRC 502 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition E199 & E203 of 2022 (Consolidated)

J Rika, J

February 28, 2023

Between

Abdullahi Mohammed Ahmed

1st Petitioner

Ibrahim Daud Bare

2nd Petitioner

Mohammed Abdi Adan

3rd Petitioner

Abdirahman Adan Hussein

4th Petitioner

and

Governor, Mandera County Government

1st Respondent

Mandera County Government

2nd Respondent

Clerk of the County Assembly, Mandera County

3rd Respondent

Speaker of the County Assembly, Mandera County

4th Respondent

County Assembly Committee of Appointment, Mandera County

5th Respondent

Mandera County Public Service Board

6th Respondent

and

Rahma Said Elias

Interested Party

Abdifatah Ibrahim Ogle

Interested Party

Mohamud Mohamed Ali

Interested Party

Muktar Issack Kassim

Interested Party

Yussuf Mohamed Kala

Interested Party

Hussein Yussuf Sheikh

Interested Party

Mohamed Khalif Adan

Interested Party

Zeitun Abdishakur Abdikarim

Interested Party

Hussein Abdirahman Sheikh

Interested Party

Adan Abdirahman Mohamed

Interested Party

Ibrahim Mohamed Ali

Interested Party

Abdikadir Mohamed Tache

Interested Party

Ibrahim Issack Nurow

Interested Party

Fartun Bulle Ibrahim

Interested Party

Kassim Yussuf Hassan

Interested Party

Halima Hassan Ali

Interested Party

Dr. Abdikadir Adan Alio

Interested Party

Hamdi Ahmed Mohamed

Interested Party

Farhiya Ali Abdullahi

Interested Party

Fatuma Abdi Hussein

Interested Party

Fatuma Mohamed Tiko

Interested Party

Adow Ibrahim Mohamed

Interested Party

Abukar Abdi Sheikh

Interested Party

Ahmed Abdullahi Aden

Interested Party

Abdulaziz Barre Hassan

Interested Party

Sahara Adow Aden

Interested Party

Ismail Omar Ibrahim

Interested Party

Zulenka Osman Maalim

Interested Party

Adan Maalim Abdullahi

Interested Party

Muad Mohamed Khalif

Interested Party

Mohamed Shukri Abdikar

Interested Party

Abdiwalhab Mohamed Issack

Interested Party

Miski Hassan Abdi

Interested Party

Ruling

1. There were 3 petitions filed by different parties initially. These are- Petition E199, E202 and E203 all of 2022. The petitions were consolidated.

2. A conservatory order issued in E199, was adopted in the consolidated petitions. At the last mention on January 27, 2022, petition E202 of 2022 was withdrawn. The court scheduled its ruling on the conservatory orders in the remaining petitions –E199 and 203 – for today.

3. The ruling is ready, signed and available from court No 6. The respondents and the petitioner in petition No 199 of 2022, indicate on the date the petitions are due for the ruling, that the petitions have been withdrawn. The 1st petitioner indicates that he has withdrawn instructions from his advocate.

4. Orderly administration of justice requires that the ruling is delivered to the parties as scheduled. Orders of withdrawal of the petitions have not been endorsed by the court, neither has the notice of withdrawal of advocates.

5. The ruling shall therefore be released to the parties as scheduled. Having received the ruling, parties shall be at liberty to seek withdrawal of the petitions, and withdrawal of instructions from their counsel.

6. Administration of justice must be orderly and rulings prepared and signed by the court, must be released to the parties and placed on the record.

7. It is ordered;a.The ruling dated February 28, 2023 shall be released to the parties and placed on the record as earlier scheduled.b.Thereafter, parties shall move the court for further orders withdrawing the petitions and withdrawing instructions from any advocate on record.c.Mention on March 7, 2023.

DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, THIS 28TH DAY OF FEBRUARY 2023. JAMES RIKAJUDGE