[2023] KEELRC 2485 (KLR)
The court found that the application by the applicant was incoherent, lacked a clear basis, and failed to disclose any cause of action. There was no signed consent judgment presented to the court, and the applicant did not comply with directions to file proper pleadings. As a result, the court dismissed the...
Source-derived case information.
- Citation
- [2023] KEELRC 2485 (KLR)
- Parties
- Applicant: Kenya Council of Employment and Migration Agencies; Respondent: The Hon Attorney General; Respondent: Principal Secretary National Treasury And Planning; Respondent: Principal Secretary Ministry of Estate Early Learning Basic Education; Respondent: Abdi Abat
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 169 of 2019
- Procedural Posture
- Employment and Labour Cause / Ruling on Chamber Summons for Costs
- Outcome
- application dismissed
- Judges
- AN Mwaure
- Legal Topics
- Costs Award, Consent Judgment, Pleadings Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Council of Employment and Migration Agencies
Applicant
The Hon Attorney General
Respondent
Principal Secretary National Treasury And Planning
Respondent
Principal Secretary Ministry of Estate Early Learning Basic Education
Respondent
Abdi Abat
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Chamber Summons for Costs
Legal Issues
- 1 Whether the applicant is entitled to an order compelling the 4th respondent to pay Kshs 2,000,000 as costs.
- 2 Whether there exists a valid consent judgment between the parties regarding costs.
- 3 Whether the application discloses a cause of action or is properly pleaded.
Ratio Decidendi
The court found that the application by the applicant was incoherent, lacked a clear basis, and failed to disclose any cause of action. There was no signed consent judgment presented to the court, and the applicant did not comply with directions to file proper pleadings. As a result, the court dismissed the application for failure to reveal any cause of action and ordered that each party bear their own costs.
Court Disposition
application dismissed
Orders
- The application is dismissed for failure to reveal any cause of action.
- Each party will meet their respective costs.
Full Case Text
Judgment text and source record
26 paragraphs
Kenya Council of Employment and Migration Agencies v Attorney General & 3 others (Employment and Labour Relations Cause 169 of 2019) [2023] KEELRC 2485 (KLR) (13 October 2023) (Ruling)
Neutral citation: [2023] KEELRC 2485 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 169 of 2019
AN Mwaure, J
October 13, 2023
Between
Kenya Council of Employment And Migration Agencies
Claimant
and
The Hon Attorney General
1st Respondent
The Principal Secretary National Treasury And Planning
2nd Respondent
Principal Secretary Ministry of Estate Early Learning Basic Education
3rd Respondent
Abdi Abat
4th Respondent
Ruling
1. The applicant herein being Kenya Council of Employment and Migration Agencies brings an application vide chamber summons dated 20th day of April 2023 where applicant refers to a consent judgment.
2. He prays for an order to compel 4th respondent to pay the exparte applicant costs Kshs 2,000,000 as costs. He further states that the said settlement is by consent. There is however no consent signed by the respective parties and the court cannot make head or tail about this application. The genesis of the same is not clarified and the referred costs of Kshs 2,000,000/- are not ascertained how they were arrived at and what they covered.
3. This is a matter that has been mentioned in court and a lot of discussion for months and the applicant had been directed to file proper pleadings but he did not comply. The other parties confessed they also did not make sense out of the applications by Mr Evans Nyambega of the applicant.
4. Clearly the court is not clear what the application by the exparte applicant are all about. The court finds no sense in the said application and so dismisses the same for failure to reveal any cause of action.
5. Each party will meet their respective costs.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 13TH DAY OF OCTOBER 2023. ANNA NGIBUINI MWAUREJUDGE