[2018] KEELRC 69 (KLR)
The court found that the respondents had filed responses and attended court in relation to the claim and application, both of which were withdrawn by the claimant after being overtaken by events. As a result, the respondents incurred costs in the process. The court held that it is just and proper for the respondents...
Source-derived case information.
- Citation
- [2018] KEELRC 69 (KLR)
- Parties
- Applicant: Kenya County Government Workers Union; Respondent: Kisumu County Assembly Service Board; Respondent: Kisumu County Assembly
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 327 of 2017
- Procedural Posture
- Employment Cause / Ruling on Withdrawal and Costs
- Outcome
- Claim and application withdrawn; costs awarded to respondents.
- Judges
- MN Nduma
- Legal Topics
- Withdrawal of Claim, Costs Award, Interim Orders, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Government Workers Union
Applicant
Kisumu County Assembly Service Board
Respondent
Kisumu County Assembly
Respondent
Procedural Posture
Employment Cause / Ruling on Withdrawal and Costs
Legal Issues
- 1 Whether the respondents are entitled to costs following the withdrawal of the claim and application by the claimant.
- 2 Whether the respondents incurred costs that should be taxed and paid by the claimant.
Ratio Decidendi
The court found that the respondents had filed responses and attended court in relation to the claim and application, both of which were withdrawn by the claimant after being overtaken by events. As a result, the respondents incurred costs in the process. The court held that it is just and proper for the respondents to be awarded costs in these circumstances. The respondents are therefore entitled to file a bill of costs for taxation by the taxing master.
Court Disposition
Claim and application withdrawn; costs awarded to respondents.
Orders
- Respondents awarded costs of the withdrawn claim and application.
- Respondents to file bill of costs for taxation by the taxing master.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 327 OF 2017
(Before Hon. Justice Mathews N. Nduma)
KENYA COUNTY GOVERNMENT WORKERS UNION...............CLAIMANT
VERSUS
KISUMU COUNTY ASSEMBLY SERVICE BOARD..........1ST RESPONDENT
KISUMU COUNTY ASSEMBLY...........................................2ND RESPONDENT
R U L I N G
1. This Claim was on 8th July, 2017 filed together with an application under certificate seeking interim orders. The interim orders were granted by the court. Subsequently the application and claim were withdrawn on the basis that the same had been overtaken by events following General Elections.
2. The Respondent had filed response to the application and the claim prior to the withdrawal.
3. The Respondent also variously attended court when matter did not proceed.
4. The Respondents incurred costs in the above respects and are awarded to the same.
5. The Respondents to file bill of costs accordingly for taxation by the taxing master.
Dated and Signed in Kisumu this 6th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Yogo for Claimant
M/s. Aron for Respondents
Chrispo – Court Clerk