[2024] KEELRC 2659 (KLR)

[2024] KEELRC 2659 (KLR)

The court held that since the proceedings in the lower court, which formed the basis of the appeal, had been struck out in Appeal No. E021 of 2023, there was no valid footing for the present appeal. The appeal could not proceed in the absence of a substantive decision from the lower court. Accordingly, the appeal...

Source-derived case information.

Citation
[2024] KEELRC 2659 (KLR)
Parties
Appellant: County Assembly Service Board Nyamira County; Appellant: Speaker, County Assembly Of Nyamira; Appellant: The Clerk, County Assembly Of Nyamira; Appellant: County Assembly Of Nyamira; Respondent: Grace Masese Bundi; Respondent: Vincent Nyambane Nyakieni; Respondent: Winnie Makori; Respondent: Gladys Motanya; Respondent: Job Rodgers Nyaribo; Respondent: Edson Mogeni Mayaka; Respondent: Gatwere Alloys; Respondent: Joash Oruko Nyachiro; Respondent: Lameck Osoro Kometa; Respondent: Jones Onduko; Respondent: David Matwa Nyabari; Respondent: Mongare Ondieki Obwocha Elvis
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kisumu
Jurisdiction
Kenya
Case Number
Appeal E006 of 2024
Procedural Posture
Civil Appeal / Ruling on Appeal
Outcome
Appeal allowed to the extent that the proceedings were struck out; no substantive appeal lies.
Judges
Nzioki wa Makau
Legal Topics
Striking Out Proceedings, Jurisdiction of Court, Appeal From Struck Out Case
Source Language
en
Employment and Labour Striking Out Proceedings Jurisdiction of Court Appeal From Struck Out Case

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

County Assembly Service Board Nyamira County

Appellant

Speaker, County Assembly Of Nyamira

Appellant

The Clerk, County Assembly Of Nyamira

Appellant

County Assembly Of Nyamira

Appellant

Grace Masese Bundi

Respondent

Vincent Nyambane Nyakieni

Respondent

Winnie Makori

Respondent

Gladys Motanya

Respondent

Job Rodgers Nyaribo

Respondent

Edson Mogeni Mayaka

Respondent

Gatwere Alloys

Respondent

Joash Oruko Nyachiro

Respondent

Lameck Osoro Kometa

Respondent

Jones Onduko

Respondent

David Matwa Nyabari

Respondent

Mongare Ondieki Obwocha Elvis

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

  1. 1 Whether the appeal could be sustained where the proceedings in the lower court had been struck out.
  2. 2 Whether there was a valid footing for an appeal from the Chief Magistrate’s Court after the proceedings were struck out.

Ratio Decidendi

The court held that since the proceedings in the lower court, which formed the basis of the appeal, had been struck out in Appeal No. E021 of 2023, there was no valid footing for the present appeal. The appeal could not proceed in the absence of a substantive decision from the lower court. Accordingly, the appeal succeeded only to the extent of recognizing that the underlying proceedings had been struck out, and thus there was no basis for the appeal to continue. Each party was ordered to bear its own costs.

Court Disposition

Appeal allowed to the extent that the proceedings were struck out; no substantive appeal lies.

Orders

  • The appeal succeeds to the extent that the proceedings that precipitated the appeal were struck out, resulting in no footing for an appeal from the Chief Magistrate’s Court.
  • Each party shall bear its own costs.