[2024] KECA 1539 (KLR)
The Court found that there was an error on the face of the record in the judgment delivered on 11th October, 2024, specifically in paragraph 32 regarding the order as to costs. The error was that the judgment did not correctly state that the 1st and 2nd respondents should pay the costs of the appeal to the...
Source-derived case information.
- Citation
- [2024] KECA 1539 (KLR)
- Parties
- Appellant: Hon Paul Simba Arati, Governor, County Government Of Kisii; Appellant: County Government Of Kisii; Appellant: County Secretary, Kisii County; Appellant: Kisii County Public Service Board; Appellant: Alfred Ongiri Nyandieka; Respondent: Vincent Mariita Omao; Respondent: David Mangondi Senema; Respondent: The Clerk, Kisii County Assembly; Respondent: The Speaker, Kisii County Assembly; Respondent: Kisii County Assembly
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E101 of 2024
- Procedural Posture
- Civil Appeal / Post Judgment Order (correction of Judgment Under Appellate Rules)
- Outcome
- Judgment amended to correct the order as to costs; 1st and 2nd respondents to pay costs of the appeal to appellants and to 3rd, 4th and 5th respondents.
- Judges
- HM Okwengu, HA Omondi, JM Ngugi
- Legal Topics
- Costs Award, Correction of Judgment, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon Paul Simba Arati, Governor, County Government Of Kisii
Appellant
County Government Of Kisii
Appellant
County Secretary, Kisii County
Appellant
Kisii County Public Service Board
Appellant
Alfred Ongiri Nyandieka
Appellant
Vincent Mariita Omao
Respondent
David Mangondi Senema
Respondent
The Clerk, Kisii County Assembly
Respondent
The Speaker, Kisii County Assembly
Respondent
Kisii County Assembly
Respondent
Procedural Posture
Civil Appeal / Post Judgment Order (correction of Judgment Under Appellate Rules)
Legal Issues
- 1 Whether there was an error on the face of the record in the judgment regarding the award of costs.
- 2 Whether the Court should amend the judgment to correctly reflect the order as to costs.
Ratio Decidendi
The Court found that there was an error on the face of the record in the judgment delivered on 11th October, 2024, specifically in paragraph 32 regarding the order as to costs. The error was that the judgment did not correctly state that the 1st and 2nd respondents should pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents, despite the appellants having succeeded in the appeal. Upon perusal and confirmation of the error, and pursuant to Rule 37(1) of the Court of Appeal Rules, 2022, the Court exercised its power to amend the judgment to accurately reflect the intended order as to costs. The correction was necessary to ensure the record properly reflected...
Court Disposition
Judgment amended to correct the order as to costs; 1st and 2nd respondents to pay costs of the appeal to appellants and to 3rd, 4th and 5th respondents.
Orders
- The judgment is amended under Rule 37(1) of the Court of Appeal Rules, 2022 to read: 'the 1st and 2nd respondents shall pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents.'
Full Case Text
Judgment text and source record
34 paragraphs
Arati, Governor, County Government of Kisii & 4 others v Omao & 4 others (Civil Appeal E101 of 2024) [2024] KECA 1539 (KLR) (29 October 2024) (Order)
Neutral citation: [2024] KECA 1539 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Appeal E101 of 2024
HM Okwengu, HA Omondi & JM Ngugi, JJA
October 29, 2024
Between
Hon Paul Simba Arati, Governor, County Government Of Kisii
1st Appellant
County Government Of Kisii
2nd Appellant
County Secretary, Kisii County
3rd Appellant
Kisii County Public Service Board
4th Appellant
Alfred Ongiri Nyandieka
5th Appellant
and
Vincent Mariita Omao
1st Respondent
David Mangondi Senema
2nd Respondent
The Clerk, Kisii County Assembly
3rd Respondent
The Speaker, Kisii County Assembly
4th Respondent
Kisii County Assembly
5th Respondent
(Being an Appeal from the Judgment of the Employment and Labour Relations Court at Kisumu, (Radido, J.) dated 24th January, 2024 in ELRC Petition No. E014 of 2023)
Order
1. This matter was heard by this Court and a Judgment delivered on 11th October, 2024. By a letter dated 17th October, 2024, the advocate for the appellants Odhiambo Oronga & Company Advocates wrote to this Court pointing out that there was an error on the face of the record at paragraph 32 of the judgment and requested that the same be amended under Rule 35(1) of the Court of Appeal Rules.
2. We have since perused the judgment and have confirmed with regret that indeed there is an error on the judgment as the appellant having succeeded in the appeal, the last line in paragraph 32 of the judgment should have read “the 1st and 2nd respondents shall pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents.”Accordingly, we amend the judgment under Rule 37(1) of the Court of Appeal Rules, 2022 (formerly Rule 35 of the Civil Procedure Rules, 2010), to read: “the 1st and 2nd respondents shall pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents.”It is so ordered.
MADE AT KISUMU THIS 29TH DAY OF OCTOBER, 2024. HANNAH OKWENGU………….…..………….. JUDGE OF APPEALH. A. OMONDI……………...…………. JUDGE OF APPEALJOEL NGUGI………….……………. JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR