[2018] KEELRC 1167 (KLR)
The court found that the application dated 12th February 2018 was summarily dispensed with on 13th February 2018 to allow for expeditious hearing of the main suit. The parties failed to comply with the court's order to serve and respond to the claim within 21 days. Furthermore, the court was misled on 28th March...
Source-derived case information.
- Citation
- [2018] KEELRC 1167 (KLR)
- Parties
- Applicant: Joel Okumu Okuta and 26 others; Respondent: Migori County Government; Respondent: Migori County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 38 of 2018
- Procedural Posture
- Cause / Interlocutory Ruling on Compliance and Directions
- Outcome
- Application summarily dispensed with; directions on main suit to be given; costs in the cause.
- Judges
- MN Nduma
- Legal Topics
- Non Compliance With Court Orders, Directions on Main Suit, Summary Dispensing of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Okumu Okuta and 26 others
Applicant
Migori County Government
Respondent
Migori County Public Service Board
Respondent
Procedural Posture
Cause / Interlocutory Ruling on Compliance and Directions
Legal Issues
- 1 Whether the application dated 12th February 2018 was properly before the court and its status.
- 2 Whether parties complied with the court's order of 13th February 2018 regarding service and response to the claim.
- 3 What directions should be given regarding the main suit in light of non-compliance.
Ratio Decidendi
The court found that the application dated 12th February 2018 was summarily dispensed with on 13th February 2018 to allow for expeditious hearing of the main suit. The parties failed to comply with the court's order to serve and respond to the claim within 21 days. Furthermore, the court was misled on 28th March 2018, resulting in erroneous directions, which were revoked. The court therefore referred the matter back to the parties for directions on the main suit to be given on the date of the ruling, with costs in the cause. The court emphasized the importance of compliance with its orders and the need to avoid unnecessary interlocutory delays.
Court Disposition
Application summarily dispensed with; directions on main suit to be given; costs in the cause.
Orders
- The application dated 12th February 2018 is dispensed with.
- Directions on the main suit to be given on the date of the ruling.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 38 OF 2018
(Before Hon. Justice Mathews N. Nduma)
JOEL OKUMU OKUTA......................................................1ST CLAIMANT
ELISHA OMOLLO DISI....................................................2ND CLAIMANT
GEORGE OTIENO ACHOLA...........................................3RD CLAIMANT
ROSE ATIENO HEYWOOD..............................................4TH CLAIMANT
CAROLINE ATIENO OSEKI............................................5TH CLAIMANT
MASESE AKOTH RUTH...................................................6TH CLAIMANT
MELDA ADHIAMBO SEKO.............................................7TH CLAIMANT
PHOEBE ATIENO OPIYO................................................8TH CLAIMANT
PAMELA ATIENO NGOME..............................................9TH CLAIMANT
MARIA ATIENO BUNGU................................................10TH CLAIMANT
ROSE ACHIENG MUO....................................................11TH CLAIMANT
WALTER ONYANGO ORIRO.........................................12TH CLAIMANT
BERNARD OKOTH OLANG..........................................13TH CLAIMANT
EDWIN ODERO ODIRA..................................................14TH CLAIMANT
TOBIAS ONYANGO OGALO.........................................15TH CLAIMANT
ESTHER ACHIENG OKECH..........................................16TH CLAIMANT
SAMUEL OCHIENG OPIYO..........................................17TH CLAIMANT
MAURICE ODEGO ROBERT.........................................18TH CLAIMANT
PETER OLUOCH OYIER...............................................19TH CLAIMANT
CALVINCE OCHIENG TITO.........................................20TH CLAIMANT
THADEUS OKOMBO OKETCH....................................21ST CLAIMANT
CAROLINE AOKO INDE...............................................22ND CLAIMANT
CAROLINE ACHIENG ONGALO................................23RD CLAIMANT
NICHOLAS ODOYO ONYANGO..................................24TH CLAIMANT
SIMON AYORO MBAJA................................................25TH CLAIMANT
PENINA AOKO ODERA................................................26TH CLAIMANT
EVERLINE AKINYI PETER.........................................27TH CLAIMANT
VERSUS
MIGORI COUNTY GOVERNMENT........................1ST RESPONDENT
MIGORI COUNTY
PUBLIC SERVICE BOARD......................................2ND RESPONDENT
R U L I N G
1. Application dated 12th February, 2018 was filed on 13th February, 2018 and heard exparte on the even date.
2. The court made the following order on the day –
“The Application is dispensed with. The court to hear and determine the claim. The claim be served and it be responded to within 21 days. Mention for directions on 20th March, 2018. ”
3. There is not in existence the application dated 12th February 2018, the same having been summarily dispensed with by the court to allow expeditious determination of the main suit.
4. The parties have not complied with the court order made on 13th February, 2018. Parties misled court on 28th March, 2018 and directions erroneously given on the day are revoked.
5. The matter is referred back to the parties and directions on the main suit to be given on the date of the ruling. Costs in the cause.
Dated and Signed in Kisumu this 20th day of September, 2018
Mathews N. Nduma
Judge
Appearances
Mr. T. T. Ng’ang’a for Claimants
M/s. Kahiti for Respondent
Chrispo – Court Clerk