https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1844
Because the dispute was resolved before trial, the claim was settled within a reasonable period, the claimant obtained the remedies sought, and costs would undermine a stable employer-employee relationship, the Court exercised its discretion under section 12(4) of the Employment and Labour Relations Court Act to...
Source-derived case information.
- Citation
- [2026] KEELRC 1844 (KLR)
- Parties
- Claimant: Daniel Muthinga; 1st Respondent: Nakuru County Public Service Board; 2nd Respondent: The County Government of Nakuru; 3rd Respondent: The Governor, Nakuru County Government
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Cause E024 of 2022
- Procedural Posture
- Employment and Labour Relations Court Cause / Ruling on Costs After Administrative Settlement Before Trial
- Outcome
- File closed; no order as to costs.
- Judges
- ["J Rika"]
- Legal Topics
- Costs Discretion, Settlement Before Trial, Employer Employee Relationship, Administrative Resolution, Discontinuance/closure of File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muthinga
Claimant
Nakuru County Public Service Board
1st Respondent
The County Government of Nakuru
2nd Respondent
The Governor, Nakuru County Government
3rd Respondent
Procedural Posture
Employment and Labour Relations Court Cause / Ruling on Costs After Administrative Settlement Before Trial
Legal Issues
- 1 Who should bear the costs after the substantive dispute was resolved administratively before trial.
- 2 Whether costs should be awarded in light of the settlement and the Court's discretion under section 12(4) of the Employment and Labour Relations Court Act.
Ratio Decidendi
Because the dispute was resolved before trial, the claim was settled within a reasonable period, the claimant obtained the remedies sought, and costs would undermine a stable employer-employee relationship, the Court exercised its discretion under section 12(4) of the Employment and Labour Relations Court Act to make no order as to costs.
Court Disposition
File closed; no order as to costs.
Orders
- The file is closed.
- No order on the costs.
Full Case Text
Judgment text and source record
1 paragraphs
Muthinga v Nakuru County Public Service Board & 2 others (Cause E024 of 2022) [2026] KEELRC 1844 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1844 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause E024 of 2022 J Rika, J June 30, 2026 Between Daniel Muthinga Claimant and Nakuru County Public Service Board 1st Respondent The County Government of Nakuru 2nd Respondent The Governor, Nakuru County Government 3rd Respondent Ruling 1.The Parties agree that the substantive dispute was resolved administratively, before the Claim went to trial. 2.The only issue left for the Court to determine, is who should pay the costs of the Claim. 3.It was agreed that the issue is considered and determined on the strength of the Parties’ submissions. Parties confirmed filing and service of submissions at the last mention before the Court, on 28th April 2026. The Court Finds: - 4.The Claim herein was resolved before trial. Section 12[4] of the E&LRC Act, allows the Court to grant orders of costs, as it considers just. 5.Like Section 27 of the Civil Procedure Act, Section 12[4] of the E&LRC Act, establishes that costs are granted at the discretion of the Court. 6.The Claim was settled within a reasonable period from the date of its filing. It was not prolonged through contestation of issues, to warrant hearing and determination by the Court. The Claimant obtained the remedies he sought from the Court. The employer-employee relationship was upheld, the Claimant fully restored, and orders for costs would militate against a stable employer-employee relationship, based on mutual trust and confidence. 7.The Court considers, as guided under Section 12[4] of its constitutive law, that there should be no order on the costs.It Is Ordered: -a.The file is closed.b.No order on the costs. DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, UNDER RULE 68[5] OF THE E&LRC [PROCEDURE] RULES, 2024, THIS 30TH DAY OF JUNE 2026.JAMES RIKAJUDGE