[2024] KEELRC 13204 (KLR)
The court declined to grant the application dated 7th February 2024 because the order of mandamus sought had already been issued in the judgment delivered on 6th February 2024. The applicant's repeated request for the same relief was unnecessary and procedurally improper. The proper course for the applicant is to...
Source-derived case information.
- Citation
- [2024] KEELRC 13204 (KLR)
- Parties
- Applicant: Richard Kimutai Maritim; Respondent: Governor, County Government of Bomet; Respondent: County Secretary, Bomet County; Respondent: Bomet County Public Service Board; Respondent: Chief Executive Committee Member of Finance Bomet County; Respondent: Chief Officer Finance Bomet County
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E002 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Repeat Application for Mandamus
- Outcome
- application declined
- Judges
- J Rika
- Legal Topics
- Judicial Review, Mandamus, Public Service Remuneration, Execution of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kimutai Maritim
Applicant
Governor, County Government of Bomet
Respondent
County Secretary, Bomet County
Respondent
Bomet County Public Service Board
Respondent
Chief Executive Committee Member of Finance Bomet County
Respondent
Chief Officer Finance Bomet County
Respondent
Procedural Posture
Judicial Review Application / Ruling on Repeat Application for Mandamus
Legal Issues
- 1 Whether the court can reissue an order of mandamus already granted in a prior judgment.
- 2 Whether the applicant is entitled to further orders where the substantive relief has already been granted.
Ratio Decidendi
The court declined to grant the application dated 7th February 2024 because the order of mandamus sought had already been issued in the judgment delivered on 6th February 2024. The applicant's repeated request for the same relief was unnecessary and procedurally improper. The proper course for the applicant is to execute the existing judgment rather than seek duplicate orders from the court. The court emphasized that it cannot write multiple judgments or rulings reissuing the same orders, and that judicial resources should not be expended on redundant applications.
Court Disposition
application declined
Orders
- The application dated 7th February 2024 is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
32 paragraphs
Maritim v Governor, County Government of Bomet & 4 others (Judicial Review Application E002 of 2023) [2024] KEELRC 13204 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEELRC 13204 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kericho
Judicial Review Application E002 of 2023
J Rika, J
November 26, 2024
Between
Richard Kimutai Maritim
Applicant
and
Governor, County Government of Bomet
1st Respondent
County Secretary, Bomet County
2nd Respondent
Bomet County Public Service Board
3rd Respondent
Chief Executive Committee Member of Finance Bomet County
4th Respondent
Chief Officer Finance Bomet County
5th Respondent
Ruling
1. There is a Judgment of the Court in this file, delivered on 6th day of February 2024.
2. Paragraph 15 of the Judgment states: -‘’ I therefore allow this application as prayed, and grant the order of mandamus to issue against the Respondents, to compel them to pay the decretal sum of Kshs. 187,078, being costs in Kericho E&RLC Cause No.111 of 2018 together with interest accrued from the date of this order.’’
3. It is not clear from the record, if what was before the Court, was the application for leave to initiate proceedings for judicial review, or the substantive application seeking the order of mandamus.
4. There is no ruling, and no order of the Court, on leave to initiate judicial review proceedings.
5. The Judgment of the Court above notwithstanding, the Applicant filed another application dated 7th February 2024, asking the Court to issue the same orders already granted in the Judgment, to wit: -‘’That the Honourable Court may be pleased to issue an order of mandamus, against the 1st, 2nd and 3rd Respondents, compelling them to proceed and pay out the decretal sum of Kshs. 187,078 together with interest and court rates, from the date of decree.’’
6. The Applicant filed submissions dated 29th April 2024, repeating the same prayer, already granted in the Judgment on record.
7. The submissions indicate the JR Application as No. E002 of 2023.
8. How many Judgments or Rulings should the Court write, reissuing the same orders?
9. The Court is not able to reissue the same orders, granted on 6th February 2024. The order of mandamus sought has already been issued, albeit not in circumstances which are clear to this Court. All the Applicant is required to do, is execute the Judgment obtained on 6th February 2024, instead of returning to Court and asking for the same orders.It is ordered: -a.The Application dated 7th February 2024 is declined.b.No order on the costs.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT KERICHO, UNDER PRACTICE DIRECTION 6 [2] OF THE ELECTRONIC CASE MANAGEMENT PRACTICE DIRECTIONS 2020, THIS 26TH DAY OF NOVEMBER 2024. JAMES RIKAJUDGE