[2023] KEELRC 503 (KLR)
The court found that the 1st Respondent's conduct in renewing an application for deferment of the ruling before a judge of coordinate jurisdiction, after the trial court had already declined a similar application, was contrary to the principles of fair administration of justice and constituted an abuse of court...
Source-derived case information.
- Citation
- [2023] KEELRC 503 (KLR)
- Parties
- Applicant: Okiya Omtata Okoiti; Respondent: Board, Export Processing Zones Authority; Respondent: Cabinet Secretary, Industrialization, Trade and Enterprise Development; Respondent: Hon. Attorney-General; Respondent: Henry Obino; Interested Party: Ezekiel Owuor Otieno
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 133 of 2021
- Procedural Posture
- Review Application / Ruling on Application to Arrest and Defer Ruling
- Outcome
- Application to arrest and defer ruling struck out; consequential orders set aside; matter referred for investigation.
- Judges
- J Rika
- Legal Topics
- Review of Judgment, Abuse of Court Process, Interim Orders, Coordinate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtata Okoiti
Applicant
Board, Export Processing Zones Authority
Respondent
Cabinet Secretary, Industrialization, Trade and Enterprise Development
Respondent
Hon. Attorney-General
Respondent
Henry Obino
Respondent
Ezekiel Owuor Otieno
Interested Party
Procedural Posture
Review Application / Ruling on Application to Arrest and Defer Ruling
Legal Issues
- 1 Whether it was proper for a judge of coordinate jurisdiction to issue orders staying the delivery of a ruling by another judge.
- 2 Whether the renewed application for deferment of ruling constituted an abuse of court process.
- 3 Whether the orders issued by the Hon. Justice Monica Mbaru should be set aside.
Ratio Decidendi
The court found that the 1st Respondent's conduct in renewing an application for deferment of the ruling before a judge of coordinate jurisdiction, after the trial court had already declined a similar application, was contrary to the principles of fair administration of justice and constituted an abuse of court process. The orders issued by the Hon. Justice Monica Mbaru, which purported to stay the delivery of the ruling, were improper and set aside. The court emphasized that such actions undermine the integrity of judicial proceedings and the authority of the trial court. The matter was referred to the Principal Judge for investigation into the circumstances surrounding the grant of the...
Court Disposition
Application to arrest and defer ruling struck out; consequential orders set aside; matter referred for investigation.
Orders
- The application placed before Hon. Justice Monica Mbaru by the 1st Respondent is struck out.
- All consequential orders issued purporting to keep delivery of the ruling in abeyance are set aside.
Full Case Text
Judgment text and source record
32 paragraphs
Okoiti v Board, Export Processing Zones Authority & 3 others; Otieno (Interested Party) (Petition 133 of 2021) [2023] KEELRC 503 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 503 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition 133 of 2021
J Rika, J
February 28, 2023
Between
Okiya Omtata Okoiti
Petitioner
and
Board, Export Processing Zones Authority
1st Respondent
Cabinet Secretary, Industrialization, Trade and Enterprise Development
2nd Respondent
Hon. Attorney-General
3rd Respondent
Henry Obino
4th Respondent
and
Ezekiel Owuor Otieno
Interested Party
Ruling
1. Court: Judgment was delivered on July 29, 2022. The 1st Respondent filed an Application for Review of Judgment, dated August 1, 2022. Parties confirmed to have filed and exchanged Submissions on December 14, 2022. Ruling was scheduled for delivery today- February 28, 2023.
2. 4 days ago, on February 24, 2023, the 1st Respondent brought an Application under Certificate of Urgency, asking the Court to arrest its Ruling. The Court declined the Application, finding the Application in abuse of its process.
3. Yesterday, a day before the scheduled Ruling is delivered, the 1st Respondent renewed its Application for deferment of the Ruling, before the Hon Justice Monica Mbaru, who granted interim orders, ordering this Court not to deliver its Ruling.
4. It is completely against the principle of fair administration of justice, for a Judge of coordinate jurisdiction to issue orders staying the delivery of a Ruling by another Judge. It is completely against the principle of fair administration of justice, for a Party to renew an Application which has been dealt with by the Trial Court and declined, a short while back.
5. The scheduled Ruling is ready, signed and ready for delivery. There was no reason whatsoever, for the file to be diverted before another Court other than the Trial Court yesterday. This matter needs to be investigated by the Principal Judge. Ii is ordered: a.The Application placed before the Hon. Justice Monica Mbaru yesterday, filed by the 1st Respondent is struck out.
b.All consequential orders issued yesterday, purporting to keep delivery of the Ruling scheduled for today in abeyance, are set aside.
c.The Ruling shall be released to the Parties and placed on the record.
d.The file to be placed before the Principal Judge for investigations, surrounding the grant of orders made yesterday, February 27, 2023.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF FEBRUARY 2023. JAMES RIKAJUDGE