[2019] KEELC 1382 (KLR)
The court declined to grant a stay of proceedings and judgment in the lower court, finding that the applicant had not demonstrated extraordinary circumstances to warrant such an interruption. The court noted the long pendency of the lower court suit and questioned the timing and diligence of the applicant in raising...
Source-derived case information.
- Citation
- [2019] KEELC 1382 (KLR)
- Parties
- Applicant: Kenya County Governments Workers Union (formerly Kenya Local Governments Workers Union), Meru Branch through Joseph Kithela (Chairman), Samuel Kamundi (Secretary), Lawrence Manyara (Official), Asenath Kaimuri Nyamu; Respondent: Morris Mutethia; Respondent: Douglas Kaimenyi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 45 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Proceedings and Transfer of Suit
- Outcome
- application for stay of proceedings dismissed
- Legal Topics
- Stay of Proceedings, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya County Governments Workers Union (formerly Kenya Local Governments Workers Union), Meru Branch through Joseph Kithela (Chairman), Samuel Kamundi (Secretary), Lawrence Manyara (Official), Asenath Kaimuri Nyamu
Applicant
Morris Mutethia
Respondent
Douglas Kaimenyi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Proceedings and Transfer of Suit
Legal Issues
- 1 Whether the court should grant a stay of proceedings and judgment in Meru CMCC No. 119 of 2014 pending determination of the application for transfer on grounds of jurisdiction.
- 2 Whether the applicant has delayed in raising the issue of jurisdiction and seeking transfer.
Ratio Decidendi
The court declined to grant a stay of proceedings and judgment in the lower court, finding that the applicant had not demonstrated extraordinary circumstances to warrant such an interruption. The court noted the long pendency of the lower court suit and questioned the timing and diligence of the applicant in raising the jurisdictional issue. The court emphasized that judicial proceedings should not be delayed unnecessarily and that the applicant had other avenues to challenge jurisdiction if previously denied. Accordingly, the application for stay was dismissed.
Court Disposition
application for stay of proceedings dismissed
Orders
- The application for stay of proceedings and judgment in Meru CMCC No. 119 of 2014 is declined.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
MISC APPLICATION NO. 45 OF 2019
KENYA COUNTY GOVERNMENTS WORKERS UNION
(FORMERLY KENYA LOCAL GOVERNMENTS WORKERS UNION)
MERU BRANCH THROUGH
JOSEPH KITHELA - CHAIRMAN
SAMUEL KAMUNDI- SECRETARY
LAWRENCE MANYARA - OFFICIAL
ASENATH KAIMURI NYAMU...............................................................PLAINTIFFS
VERSUS
MORRIS MUTETHIA.......................................................................1ST DEFENDANT
DOUGLAS KAIMENYI....................................................................2ND DEFENDANT
RULING
1. The application dated 19. 8.2019 is pending. The applicant prays for a stay of proceedings in Meru CMCC No. 119 of 2014 pending the hearing of the application of 19. 8.2019 where they also seek the transfer of the Meru CMCC case to this court on account of jurisdiction.
2. It was argued for the applicant that the matter is pending judgment before Honourable Maroro, that unless a stay is granted, this will be an exercise in futility and that no prejudice will be occasioned to the applicant.
3. The prayer for stay has been opposed. It is averred that applicant has tried all manner of tricks to delay the case before the lower court where the matter has a date for judgment on 19. 11. 2019. It is also averred that applicants had sought for a stay of proceedings before the lower court of which they did not get the orders.
4. I have weighed the issues so far raised before me. The parties are in agreement that the lower court matter is pending judgment. The lower court matter was filed in 2014. At what point in the lifespan of that suit did the applicants realize that the magistrates court did not have jurisdiction?. When the applicants realized that the magistrate’s court had no jurisdiction to hear the case, did they request the court to down its tools?, and if such a prayer was made but denied, did they seek for a review or appeal of such an order?. These are questions which beg for an anwer.
5. A court of law should not interrupt the delivery of a judgment of another court unless in very extra ordinary circumstances.
6. I decline to grant a stay of the proceedings and the judgment before the lower court at this stage.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 2ND DAY OF OCTOBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Kiogora holding brief for Kiome for applicant
Muriuki K. for respondents
1st respondent
HON. LUCY. N. MBUGUA
ELC JUDGE