[2018] KEELRC 1020 (KLR)
The court found that the application to stop taxation of the bill of costs lacked merit because the underlying matter had already been determined to finality, with no valid appeal pending. The court reaffirmed its earlier findings that the petition was res judicata, having been previously determined in Kakamega JR...
Source-derived case information.
- Citation
- [2018] KEELRC 1020 (KLR)
- Parties
- Applicant: Naphtally Omido; Respondent: The Secretary, Board of Management, Namundera Mixed Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 12 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Stop Taxation of Bill of Costs
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Res Judicata, Limitation Periods, Taxation of Costs, Vexatious Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naphtally Omido
Applicant
The Secretary, Board of Management, Namundera Mixed Secondary School
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Stop Taxation of Bill of Costs
Legal Issues
- 1 Whether the application to stop taxation of the bill of costs pending another application is merited.
- 2 Whether the matter is res judicata and time barred under section 90 of the Employment Act, 2007.
- 3 Whether the applicant's conduct amounts to vexatious litigation.
Ratio Decidendi
The court found that the application to stop taxation of the bill of costs lacked merit because the underlying matter had already been determined to finality, with no valid appeal pending. The court reaffirmed its earlier findings that the petition was res judicata, having been previously determined in Kakamega JR No. 7 of 2016, and was also time barred under section 90 of the Employment Act, 2007. The court further noted that the applicant had engaged in multiple suits and applications across different courts, amounting to vexatious litigation. In the interest of justice and to prevent abuse of court process, the court dismissed the application with costs and provided guidance to the...
Court Disposition
application dismissed with costs
Orders
- The application to stop taxation of the bill of costs is dismissed with costs.
- The Deputy Registrar is to consider that the respondent is a public body represented by in-house counsel and the applicant is unrepresented and not a person of means when determining reasonable costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
MISCILLENEOUS APPLICATION NO. 12 OF 2018
(AS CONSOLIDATED WITH PETITION NO. 31 OF 2017)
(Before Hon. Justice Mathews N. Nduma)
NAPHTALLY OMIDO.........................................................APPLICANT
VERSUS
THE SECRETARY, BOARD OF MANAGEMENT
NAMUNDERA MIXED SECONDARY SCHOOL........RESPONDENT
R U L I N G
1. The court determined this matter in its ruling dated 15th March, 2018 in which it held that the Petition is resjudicata by virtue of a determination by Hon. Njagi J. in Kakamega JR No. 7 of 2016. The court further determined that the petition is time barred by dint of section 90 of the Employment Act, 2007.
2. A party and party bill of costs was filed on 16th April, 2018 and Notice of taxation on the even date issued by the Deputy Registrar.
3. The exparte application seeks to stop the taxation of the bill pending hearing and determination of Misc. appl. No. 21 of 2018 pending for hearing before the High court in Kakamega.
4. This court has determined this matter to finality. There is no valid appeal pending against the decision of the court. The several suits filed by the applicant in different courts and multiplicity of applications filed before this court has led to an inference that the Applicant has become a vexatious litigant.
5. It is in the interest of justice and fair play that the court protects parties from vexatious ligation whilst upholding the overriding objective of affording everyone a fair hearing without undue delay. The ability of the court is continuously diminished by the filing of many and unnecessary cases and applications before it.
6. The application before court lacks merit and is dismissed with costs.
7. The Deputy Registrar in the pending taxation is to be guided that the Respondent is a public body represented by an in-house counsel Petitioner/Applicant is not a person of means and was not represented by counsel in these proceedings in determination of reasonable costs in the concluded matter.
Ruling Dated, Signed and delivered this 4th day of October, 2018
Mathews N. Nduma
Judge
Appearances
Petitioner/Applicant in person
Mr. Anyuor for Respondent
Chrispo – Court Clerk