[2023] KEELRC 1800 (KLR)
The court found that the decision to withdraw the claim was made in good faith and there was no evidence of vexatious litigation by the claimant. Given the discretionary power under section 12(4) of the Employment and Labour Relations Court Act and the principle that costs are not automatic in employment matters,...
Source-derived case information.
- Citation
- [2023] KEELRC 1800 (KLR)
- Parties
- Claimant: Dr Davide Graziano Bonechi; Respondent: Italian Agency For Cooperation & Development
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E922 of 2022
- Procedural Posture
- Employment Cause / Ruling on Withdrawal and Costs
- Outcome
- Each party to bear their own costs.
- Judges
- L Ndolo
- Legal Topics
- Withdrawal of Claim, Costs Discretion, Good Faith Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Davide Graziano Bonechi
Claimant
Italian Agency For Cooperation & Development
Respondent
Procedural Posture
Employment Cause / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the respondent is entitled to costs following the claimant's withdrawal of the claim.
Ratio Decidendi
The court found that the decision to withdraw the claim was made in good faith and there was no evidence of vexatious litigation by the claimant. Given the discretionary power under section 12(4) of the Employment and Labour Relations Court Act and the principle that costs are not automatic in employment matters, the court exercised its discretion in favour of the claimant and directed that each party bear their own costs.
Court Disposition
Each party to bear their own costs.
Orders
- Each party will bear their own costs.
Full Case Text
Judgment text and source record
24 paragraphs
Bonechi v Italian Agency for Cooperation & Development (Cause E922 of 2022) [2023] KEELRC 1800 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEELRC 1800 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E922 of 2022
L Ndolo, J
July 27, 2023
Between
Dr Davide Graziano Bonechi
Claimant
and
Italian Agency For Cooperation & Development
Respondent
Ruling
1. At a court appearance on February 20, 2022, the attention of the court was drawn to a notice of withdrawal of claim dated February 17, 2023 filed by the claimant.
2. While the respondent was not opposed to the withdrawal of the claim, there was no agreement between the parties on the issue of costs.
3. On April 12, 2023, I directed the parties to file submissions on the issue of costs. Only the respondent complied with these directions.
4. The single issue for determination in this application is whether the respondent is entitled to costs pursuant to the withdrawal of the claim by the claimant.
5. In its submissions dated May 26, 2023, the respondent relied heavily on the Civil Procedure Act. However, under section 12(4) of the Employment and Labour Relations Court Act, the court retains discretion to make appropriate orders as to costs.
6. In employment matters, costs are not automatic and ought to be avoided where an unnecessary burden would result to either party.
7. I am persuaded that the decision to withdraw the matter was made in good faith and there was nothing to suggest that the claimant was a vexatious litigant.
8. In the result, I will exercise discretion in favour of the claimant and direct that each party will bear their own costs.
9. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 27THDAY OF JULY 2023. LINNET NDOLOJUDGE