[2023] KEELRC 80 (KLR)
The court found that the applicant had filed a notice of withdrawal of the application before the ruling could be delivered. In accordance with the Civil Procedure Rules, the court marked the application as withdrawn. The court further ordered that costs be awarded to the respondents, as they had been put to the...
Source-derived case information.
- Citation
- [2023] KEELRC 80 (KLR)
- Parties
- Applicant: Samuel Otieno Ochieng; Respondent: Migori County Secretary; Respondent: Governor, Migori County; Respondent: County Public Service Board, Migori
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E065 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- Application marked as withdrawn. Costs awarded to the respondents.
- Judges
- S Radido
- Legal Topics
- Termination of Employment, Public Service Employment, Judicial Review, Jurisdiction, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Otieno Ochieng
Applicant
Migori County Secretary
Respondent
Governor, Migori County
Respondent
County Public Service Board, Migori
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the court should grant interim orders restraining the respondents from terminating the applicant's employment or removing him from the payroll pending determination of his complaint before the Public Service Commission.
- 2 Whether the application should be marked as withdrawn following the applicant's notice of withdrawal.
Ratio Decidendi
The court found that the applicant had filed a notice of withdrawal of the application before the ruling could be delivered. In accordance with the Civil Procedure Rules, the court marked the application as withdrawn. The court further ordered that costs be awarded to the respondents, as they had been put to the expense of responding to the application. The withdrawal rendered the substantive issues in the application moot, and no further orders were necessary.
Court Disposition
Application marked as withdrawn. Costs awarded to the respondents.
Orders
- The application dated 9 December 2022 is marked as withdrawn.
- Costs to the respondents.
Full Case Text
Judgment text and source record
29 paragraphs
Ochieng v Migori County Secretary & 2 others (Miscellaneous Application E065 of 2022) [2023] KEELRC 80 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 80 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Miscellaneous Application E065 of 2022
S Radido, J
January 25, 2023
Between
Samuel Otieno Ochieng
Applicant
and
Migori County Secretary
1st Respondent
Governor, Migori County
2nd Respondent
County Public Service Board, Migori
3rd Respondent
Ruling
1. On 6 September 2022, the Respondents issued a notice of termination to the applicant who was then serving as a Chief Officer with the County Government of Migori.
2. The applicant challenged the notice in Court through judicial review proceedings.
3. On 16 November 2022, the Court dismissed the judicial review proceedings for lack of jurisdiction.
4. As a consequence of the judgment, the applicant lodged an appeal with the Public Service Commission on or around 24 November 2022.
5. On 6 December 2022, the Respondents instructed the applicant to hand over/clear from office to enable the processing and payment of gratuity.
6. Alarmed with the turn of events, the applicant moved this Court through a notice of motion on 13 December 2022 seeking orders:(1)…(2)Pending the hearing and determination this application, the Respondents be restrained from terminating the services of the applicant and/or removing the applicant from the payroll of the County Government of Migori.(3)Pending the hearing and determination of the applicant’s complaint before the Public Service Commission in PSC County Appeal No. 101 of 2022, the Respondents be restrained from terminating the services of the applicant and/or removing the applicant from the payroll of the County Government of Migori.(4)The costs of this application be provided for by the Respondents.
7. The Respondents filed Grounds of Opposition on 15 December 2002 and on the same day, the Court issued directions on the filing and exchanging of submissions ahead of Ruling today.
8. The Governor filed a replying affidavit in opposition to the motion on 19 December 2022.
9. On 10 January 2023, the applicant filed a Notice of Intention to Act in Person together with a Notice of Withdrawal of the Application.
Conclusion and Orders 10. In light of the above, the Court marks the application dated 9 December 2022 as withdrawn. Costs to the Respondents.
Delivered virtually, dated and signed in Kisumu on this 25thday of January 2023. Radido Stephen, MCIArbJudgeAppearancesFor applicant Bruce Odeny & Co. AdvocatesFor Respondents Okongo Wandago & Co. AdvocatesCourt Assistant Chrispo Aura2| 4 Page Kisumu Misc Appl No. E065 of 2022