[2020] KEELRC 301 (KLR)
The court found that the petitioner had properly filed a notice of withdrawal before judgment, and there was no opposition or application for costs from the respondents. Exercising its discretion, the court allowed the withdrawal of the petition and made no order as to costs, considering the stage of proceedings and...
Source-derived case information.
- Citation
- [2020] KEELRC 301 (KLR)
- Parties
- Petitioner: Ibrahim Osman Abdi; Respondent: Sawada Ali; Respondent: Principal Secretary, Ministry of Interior and Coordination of National Government; Respondent: Public Service Commission; Respondent: Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E012 of 2020
- Procedural Posture
- Constitutional Petition / Withdrawal Before Judgment
- Outcome
- Petition withdrawn with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Fair Administrative Action, Constitutional Rights, Withdrawal of Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Osman Abdi
Petitioner
Sawada Ali
Respondent
Principal Secretary, Ministry of Interior and Coordination of National Government
Respondent
Public Service Commission
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Withdrawal Before Judgment
Legal Issues
- 1 Whether the withdrawal of the petition by the petitioner should be allowed without an order as to costs.
- 2 Whether any substantive orders are required following the withdrawal of the petition.
Ratio Decidendi
The court found that the petitioner had properly filed a notice of withdrawal before judgment, and there was no opposition or application for costs from the respondents. Exercising its discretion, the court allowed the withdrawal of the petition and made no order as to costs, considering the stage of proceedings and absence of contest on costs. The withdrawal terminated the proceedings without a determination on the merits.
Court Disposition
Petition withdrawn with no order as to costs.
Orders
- The petition stands withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
PETITION NO. E012 OF 2020
IN THE MATTER OF ARTICLES 2, 3, 10, 19, 20, 22, 23, 25, 27, 28, 35, 41, 47, 50, 165, 258, 259 AND 260 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF SECTION 4 OF THE FAIR ADMINISTRATIVE ACTIONS ACT OF 2015
AND
IN THE MATTER OF RULES 4, 10, 11, 13 AND 20 OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) HIGH COURT PRACTICE AND PROCEDURE RULES, 2013
AND
IN THE MATTER OF SECTIONS 5 AND 45 OF THE EMPLOYMENT ACT, 2007
BETWEEN
IBRAHIM OSMAN ABDI PETITIONER
v
SAWADA ALI 1st RESPONDENT
PRINCIPAL SECRETARY, MINISTRY OF
INTERIOR AND COORDINATION OF NATIONAL
GOVERNMENT 2nd RESPONDENT
PUBLIC SERVICE COMMISSION 3rd RESPONDENT
ATTORNEY GENERAL 4th RESPONDENT
ORDER
1. On 7 August 2020, the Court directed the parties to file and exchange pleadings and submissions ahead of the delivery of Judgment on 30 October 2020.
2. The 2nd – 4th Respondents filed a Notice of Appointment of Advocate, Grounds of Opposition and submissions on 29 September 2020.
3. However, on 5 October 2020, the Petitioner filed a Notice of Withdrawal of Petition.
4. The Court will therefore order that the Petition stand withdrawn with no order on costs.
Delivered through Microsoft teams, dated and signed in Nairobi on this 23rd day of October 2020.
Radido Stephen
Judge
Appearances
For Petitioner Mr. Makori instructed by Musyoki Mogaka & Co. Advocates
1st Respondent did not appear
For 2nd -4th Respondents Ms. Kinyua, Litigation Counsel, Office of the Attorney General
Court Assistant Lindsey