[2018] KEELRC 1097 (KLR)

[2018] KEELRC 1097 (KLR)

The Court found that the Respondents failed to comply with the explicit terms of the court order requiring the presence of the Deputy Registrar during the head count. As the process was not conducted as directed, the resulting report was invalid and was expunged from the record. The Court further held that the...

Source-derived case information.

Citation
[2018] KEELRC 1097 (KLR)
Parties
Applicant: Kenya County Government Workers Union; Respondent: County Government of Nyeri; Respondent: Nyeri County Public Service Board
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Case Number
Petition 10 of 2015
Procedural Posture
Petition / Ruling on Compliance With Court Ordered Head Count
Outcome
Application allowed; head count report expunged; Respondents to conduct fresh head count and pay costs.
Judges
AN Makau
Legal Topics
Court Order Compliance, Public Service Employment, Costs Award
Source Language
en
Employment and Labour Court Order Compliance Public Service Employment Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya County Government Workers Union

Applicant

County Government of Nyeri

Respondent

Nyeri County Public Service Board

Respondent

Procedural Posture

Petition / Ruling on Compliance With Court Ordered Head Count

Legal Issues

  1. 1 Whether the Respondents complied with the court order regarding the conduct of the head count.
  2. 2 Whether the head count report filed by the Respondents should be accepted by the Court.
  3. 3 Whether the Respondents should bear costs for non-compliance and delay.

Ratio Decidendi

The Court found that the Respondents failed to comply with the explicit terms of the court order requiring the presence of the Deputy Registrar during the head count. As the process was not conducted as directed, the resulting report was invalid and was expunged from the record. The Court further held that the Respondents' non-compliance and apparent deliberate delay warranted an award of thrown away costs to the Applicant. The Respondents were ordered to conduct a fresh head count in strict compliance with the original order, after notifying and obtaining concurrence from the Deputy Registrar and ensuring the Applicant's representatives are present.

Court Disposition

Application allowed; head count report expunged; Respondents to conduct fresh head count and pay costs.

Orders

  • The head count report filed on 13th March 2018 is expunged from the record.
  • Respondents to conduct a fresh head count in compliance with the court order, after notifying and obtaining concurrence from the Deputy Registrar and in the presence of the Applicant’s representatives.