[2023] KEELRC 117 (KLR)
The court found that the orders sought to be set aside had already been overtaken by events, as the applications and motions related to the status quo orders had either been withdrawn or concluded, and a ruling had already been delivered on December 1, 2022. Therefore, there were no live status quo orders remaining...
Source-derived case information.
- Citation
- [2023] KEELRC 117 (KLR)
- Parties
- Applicant: Evans Morara Nyang’Ongo; Applicant: Charles Moraro Mogunde; Respondent: Cabinet Secretary, Ministry of Education; Respondent: Principal Secretary, Ministry of Education, Department of Vocational & Technical Training; Respondent: Attorney General; Respondent: Director, Directorate of Technical Education, Ministry Of Education; Respondent: Elicanah M Misori, Director, Human Resources Management; Respondent: Chairman, Kisii National Polytechnic Governing Council; Respondent: Principal, Kisii National Polytechnic
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E007 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application to Set Aside Status Quo Orders
- Outcome
- application dismissed as moot
- Judges
- CN Baari
- Legal Topics
- Status Quo Orders, Affidavit Validity, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Morara Nyang’Ongo
Applicant
Charles Moraro Mogunde
Applicant
Cabinet Secretary, Ministry of Education
Respondent
Principal Secretary, Ministry of Education, Department of Vocational & Technical Training
Respondent
Attorney General
Respondent
Director, Directorate of Technical Education, Ministry Of Education
Respondent
Elicanah M Misori, Director, Human Resources Management
Respondent
Chairman, Kisii National Polytechnic Governing Council
Respondent
Principal, Kisii National Polytechnic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application to Set Aside Status Quo Orders
Legal Issues
- 1 Whether the status quo orders granted on March 17, 2022, should be set aside.
- 2 Whether affidavits supporting the petition were valid and legally effective.
- 3 Whether the application to set aside status quo orders was overtaken by events.
Ratio Decidendi
The court found that the orders sought to be set aside had already been overtaken by events, as the applications and motions related to the status quo orders had either been withdrawn or concluded, and a ruling had already been delivered on December 1, 2022. Therefore, there were no live status quo orders remaining for the court to set aside. The application was thus dismissed as moot.
Court Disposition
application dismissed as moot
Orders
- The application dated July 13, 2022 is dismissed.
- Costs shall abide the petition.
Full Case Text
Judgment text and source record
41 paragraphs
Nyang’ongo & another v Cabinet Secretary, Ministry of Education & 6 others (Petition E007 of 2022) [2023] KEELRC 117 (KLR) (26 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 117 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Petition E007 of 2022
CN Baari, J
January 26, 2023
Between
Evans Morara Nyang’Ongo
1st Petitioner
Charles Moraro Mogunde
2nd Petitioner
and
Cabinet Secretary, Ministry of Education
1st Respondent
Principal Secretary, Ministry of Education, Department of Vocational & Technical Training
2nd Respondent
Attorney General
3rd Respondent
Director, Directorate of Technical Education, Ministry Of Education
4th Respondent
Elicanah M Misori, Director, Human Resources Management
5th Respondent
Chairman, Kisii National Polytechnic Governing Council
6th Respondent
Principal, Kisii National Polytechnic
7th Respondent
Ruling
1. The respondents’ application is dated July 13, 2022. The applicants/respondents seek the following orders: -i.Spentii.that the court be pleased to set aside the status quo orders granted on March 17, 2022, by Hon. Lady Justice Hellen Wasilwa, sitting at Nakuru.iii.The cost be provided for.
2. The application is supported by grounds on the face of the motion and the affidavit of Moimbo Momanyi, sworn on July 13, 2022. The crux of the motion being that the petition and two applications for interim orders filed with the petition, are founded on three affidavits that were purportedly commissioned by one Advocate Samson M. Sagwe, but who has since confirmed not having signed the affidavits, and that the stamps on the affidavits do not belong to his Law Firm.
3. That the interim orders of status quo were granted on the basis of the affidavits which are of no legal effect.
4. The Petitioners opposed the application, and argued that they filed a constitutional petition, seeking various constitutional orders, and which could be filed without a supporting affidavit in accordance with rule 11(1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules of 2013.
5. The petitioners further argue that the objection raised does not meet the standards set in Mukisa Biscuits Manufacturing Company Limited vs. West End Distributors(1969) EA 696, in that there are no pure points of law raised.
6. Parties canvassed the application through written submissions which have been duly considered.
Determination 7. The status quo order subject of this application was to stay the deployment and/or transfer decisions of the respondents pending hearing of the applications and the transfer of the suit to ELRC Kisumu. The order stated thus: -“Status quo be maintained pending the hearing of the applications dated 1/2/2022 and 4/3/2022 hereto attached and marked MM-1”
8. The court record indicates that the petitioners have since withdrawn the application dated 4/3/2022. The application of 1/2/2022 seeks similar orders as those in the motion dated September 29, 2022, which has also since been concluded and a ruling delivered.
9. The orders sought in the instant application, are thus overtaken by events on account of a ruling rendered by this court on December 1, 2022, in this matter. There are therefore, no live orders- status quo or otherwise for this court to set aside.
10. The application is dismissed.
11. Costs shall abide the petition.
12. Orders accordingly.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT KISUMU THIS 26TH DAY OF JANUARY, 2023. CHRISTINE N. BAARIJUDGEAppearance:Mr. Obiero present for the PetitionersMr. Moimbo present for RespondentsMs. Christine Omollo -C/A