[2024] KEELRC 110 (KLR)
The court found that although the general rule is that costs follow the event, the claimant's withdrawal was prompted by an error of judgment and was done in good faith following a prior court ruling. The court exercised its discretion to exempt the claimant from bearing costs, considering the evolving nature of the...
Source-derived case information.
- Citation
- [2024] KEELRC 110 (KLR)
- Parties
- Applicant: Stella Nkatha Kebongo; Respondent: Barclays Bank of Kenya presently known as Absa Bank Kenya PLC
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1340 of 2018
- Procedural Posture
- Cause / Ruling on Withdrawal and Costs
- Outcome
- Claim withdrawn with no order as to costs.
- Judges
- L Ndolo
- Legal Topics
- Withdrawal of Claim, Costs Award, Judicial Discretion, Error of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stella Nkatha Kebongo
Applicant
Barclays Bank of Kenya presently known as Absa Bank Kenya PLC
Respondent
Procedural Posture
Cause / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the claimant should bear the costs upon withdrawal of the claim.
- 2 Whether the withdrawal was made in good faith and warrants exemption from costs.
Ratio Decidendi
The court found that although the general rule is that costs follow the event, the claimant's withdrawal was prompted by an error of judgment and was done in good faith following a prior court ruling. The court exercised its discretion to exempt the claimant from bearing costs, considering the evolving nature of the dispute and the claimant's express admission of error. The claim was therefore marked as withdrawn with no order as to costs.
Court Disposition
Claim withdrawn with no order as to costs.
Orders
- The present claim is marked as withdrawn with no order for costs.
Full Case Text
Judgment text and source record
23 paragraphs
Kebongo v Barclays Bank of Kenya presently known as Absa Bank Kenya PLC (Cause 1340 of 2018) [2024] KEELRC 110 (KLR) (1 February 2024) (Ruling)
Neutral citation: [2024] KEELRC 110 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1340 of 2018
L Ndolo, J
February 1, 2024
Between
Stella Nkatha Kebongo
Claimant
and
Barclays Bank of Kenya presently known as Absa Bank Kenya PLC
Respondent
Ruling
1. By a notice dated July 11, 2023, the claimant expressed her intention to withdraw her claim. While the Respondent was not opposed to the withdrawal of the suit, it pressed for costs.
2. The court gave the parties an opportunity to settle the issue of costs but there was no agreement. I therefore directed them to address the court on this issue, by way of written submissions.
3. The general principle is that costs follow the event, meaning that the successful party carries the day. The award of costs is however also a matter of judicial discretion to be exercised within the unique circumstances of each case.
4. In her written submissions the claimant referred to the decision in Morgan Air Cargo Limited v Everest Enterprises Limited [2014] eKLR where it was held that in determining a dispute on costs, courts ought to be guided by the special circumstances of the case, including the relationship and conduct of the parties.
5. The claimant concedes that her move to withdraw this claim was informed by the decision of this court in its ruling delivered on January 26, 2023, by which the claimant was allowed a window to regularise her pleadings. The claimant further concedes that the filing of a fresh claim as opposed to amending her earlier claim in Cause No 460 of 2017 was an error of judgment.
6. Looking at the claimant’s dispute in totality, it is evident that her claim kept mutating on account of emerging developments at the work place. In light of this, coupled with the claimant’s express admission of error in judgment, I will save her from the shackle of costs based on her move to withdraw the present claim, which I am persuaded, was done in good faith.
7. Consequently, I direct that the present claim shall be marked withdrawn with no order for costs.
8. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 1ST DAY OF FEBRUARY 2024LINNET NDOLOJUDGEAppearance:Mr. Muchoki for the ClaimantMr. Okweh Achiando for the Respondent