[2025] KEELRC 458 (KLR)
The Court found that, since the parties had compromised the dispute by consent and were in a continuing relationship, including the petitioner's participation in the recruitment process, and the terms of the settlement consent order were in favour of the petitioner, it was just to award partial costs to the...
Source-derived case information.
- Citation
- [2025] KEELRC 458 (KLR)
- Parties
- Applicant: Brian Omoke Ogaro; Respondent: Nyayo Tea Zones Development Corporation; Respondent: Public Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E178 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Costs After Settlement by Consent
- Outcome
- Partial costs awarded to the petitioner; petition otherwise settled by consent.
- Judges
- B Ongaya
- Legal Topics
- Costs Award, Settlement by Consent, Interim Orders, Recruitment Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Omoke Ogaro
Applicant
Nyayo Tea Zones Development Corporation
Respondent
Public Service Commission
Respondent
Procedural Posture
Constitutional Petition / Ruling on Costs After Settlement by Consent
Legal Issues
- 1 Whether costs should be awarded to the petitioner after settlement by consent.
- 2 Whether the interim order and the conduct of the parties affect the allocation of costs.
Ratio Decidendi
The Court found that, since the parties had compromised the dispute by consent and were in a continuing relationship, including the petitioner's participation in the recruitment process, and the terms of the settlement consent order were in favour of the petitioner, it was just to award partial costs to the petitioner. The Court balanced the interests of justice by awarding Kshs. 50,000 to the petitioner as partial costs, payable by April 1, 2025, rather than ordering each party to bear its own costs or awarding full costs.
Court Disposition
Partial costs awarded to the petitioner; petition otherwise settled by consent.
Orders
- The 1st respondent shall pay the petitioner Kshs. 50,000 as partial costs by April 1, 2025.
- The petition is marked as settled by consent.
Full Case Text
Judgment text and source record
21 paragraphs
Ogaro v Nyayo Tea Zones Development Corporation & another (Petition E178 of 2024) [2025] KEELRC 458 (KLR) (21 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 458 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E178 of 2024
B Ongaya, J
February 21, 2025
Between
Brian Omoke Ogaro
Petitioner
and
Nyayo Tea Zones Development Corporation
1st Respondent
Public Service Commission
2nd Respondent
Ruling
1. The petitioner and the 1st respondent recorded a consent in Court on 17. 12. 2024 allowing the impugned recruitment to proceed with participation of the petitioner. The petition was marked settled accordingly subject to parties submitting on the issue of costs of the petition.
2. Yeli & Company Advocates for the 1st respondent submit that in view of the consent settling the dispute and in promotion of amicable relationship between the parties, each party to bear own costs. It is submitted for the 1st respondent that the Court should consider that the 1st respondent lost time when an interim order stopping the recruitment in issue was in place and prior to parties recording a consent.
3. Mr. Namada Simoni Advocate for the petitioner submits that interim order issued demonstrated that the petitioner had a meritorious case. Further, the 1st respondent was obligated to ensure that the recruitment was in accordance with the law.
4. The Court has considered the rival submissions and returns that parties having compromised the dispute and the parties being in a continuing relationship including the petitioner’s participation in the recruitment process, and, the terms of the settlement consent order being in favour of the petitioner, Kshs. 50,000. 00 being in favour of the petitioner and payable by April 1, 2025 as partial costs will balance justice for the parties. Orders to issue accordingly.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT NAIROBI THIS FRIDAY 21ST FEBRUARY, 2025BYRAM ONGAYA, PRINCIPAL JUDGE