[2022] KEELRC 1182 (KLR)
The court determined that, in the interest of justice and good order, the application for review and setting aside of the order granted by Hon. Lady Justice Anne Mwaure should be determined by the same judge. The court therefore directed that the matter be mentioned before Hon. Anne Mwaure for appropriate orders,...
Source-derived case information.
- Citation
- [2022] KEELRC 1182 (KLR)
- Parties
- Applicant: Kenya County Government Workers’ Union; Respondent: County Public Service Board Of Machakos
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 62 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Order
- Outcome
- Application referred to Hon. Anne Mwaure for determination.
- Judges
- MN Nduma
- Legal Topics
- Review of Court Orders, Setting Aside Orders, Jurisdiction of Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Government Workers’ Union
Applicant
County Public Service Board Of Machakos
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Order
Legal Issues
- 1 Whether the application to set aside the order granted by Hon. Lady Justice Anne Mwaure should be determined by the same judge.
- 2 Whether it is in the interest of justice and good order for the application for review and setting aside to be heard by Hon. Anne Mwaure.
Ratio Decidendi
The court determined that, in the interest of justice and good order, the application for review and setting aside of the order granted by Hon. Lady Justice Anne Mwaure should be determined by the same judge. The court therefore directed that the matter be mentioned before Hon. Anne Mwaure for appropriate orders, emphasizing the importance of judicial consistency and the proper exercise of discretion by the judge who made the original order.
Court Disposition
Application referred to Hon. Anne Mwaure for determination.
Orders
- The matter is to be mentioned before Hon. Anne Mwaure for appropriate orders.
Full Case Text
Judgment text and source record
21 paragraphs
Kenya County Government Workers’ Union v County Public Service Board Of Machakos (Cause 62 of 2016) [2022] KEELRC 1182 (KLR) (7 July 2022) (Ruling)
Neutral citation: [2022] KEELRC 1182 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 62 of 2016
MN Nduma, J
July 7, 2022
Between
Kenya County Government Workers’ Union
Claimant
and
County Public Service Board Of Machakos
Respondent
Ruling
1. The Application dated December 9, 2021 came before me ex parte as a duty Judge on December 9, 2021 upon which I gave directions that:- 1. The application is certified urgent.
2. That interpartes hearing be before Mwaure J. on January 18, 2021.
2. The parties have since complied with the court’s directions and the matter is due for ruling.
3. The application seeks to set aside an order granted by Hon. Lady Justice Anne Mwaure, who is an Employment and Labour Relations Court Judge, still sitting at Nairobi.
4. It is in the interest of Justice and good order that the application for review and setting aside be determined by Hon. Anne Mwaure.
5. the court finds accordingly and directs that the matter be mentioned before Mwaure J. for appropriate orders.
DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 7THDAY OF JULY, 2022. MATHEWS N. NDUMAJUDGEAppearanceBernard Odero & Co. Advocates for the ClaimantBM Museu & Co. Advocates for the respondentEkale – Court clerk.