[2022] KEELRC 12751 (KLR)
The court found that the orders sought by the applicants had been overtaken by events due to the issuance of dismissal letters to the applicants and the change in membership of the 1st respondent following the general election. As a result, the court held that there was no longer a live issue requiring injunctive...
Source-derived case information.
- Citation
- [2022] KEELRC 12751 (KLR)
- Parties
- Applicant: Evans Ogutu Ouma; Applicant: Orwa Odongo Michael; Respondent: Migori County Assembly Service Board; Respondent: Migori County Assembly; Respondent: Duro George Okinyi; Respondent: Ouma Edward Ooro; Respondent: Rioba Nicholas Ngabiya; Respondent: Grace Akinyi Odhiambo; Respondent: Onanda Christopher Odira
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E032 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- application dismissed as overtaken by events
- Judges
- CN Baari
- Legal Topics
- Injunctive Relief, Unlawful Dismissal, Public Office Tenure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Ogutu Ouma
Applicant
Orwa Odongo Michael
Applicant
Migori County Assembly Service Board
Respondent
Migori County Assembly
Respondent
Duro George Okinyi
Respondent
Ouma Edward Ooro
Respondent
Rioba Nicholas Ngabiya
Respondent
Grace Akinyi Odhiambo
Respondent
Onanda Christopher Odira
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicants are entitled to temporary injunctive orders restraining the respondents from interfering with their discharge of duties as principal finance officer and acting clerk of the 2nd respondent pending determination of the petition.
- 2 Whether the 3rd to 7th respondents should be restrained from acting as members of the 1st respondent pending determination of the petition.
Ratio Decidendi
The court found that the orders sought by the applicants had been overtaken by events due to the issuance of dismissal letters to the applicants and the change in membership of the 1st respondent following the general election. As a result, the court held that there was no longer a live issue requiring injunctive relief, and the application was dismissed for being moot. The court directed that costs would abide the outcome of the main petition.
Court Disposition
application dismissed as overtaken by events
Orders
- The application dated July 4, 2022 is dismissed for having been overtaken by events.
- Costs shall abide the petition.
Full Case Text
Judgment text and source record
41 paragraphs
Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12751 (KLR) (6 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12751 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Petition E032 of 2022
CN Baari, J
October 6, 2022
Between
Evans Ogutu Ouma
1st Applicant
Orwa Odongo Michael
2nd Applicant
and
Migori County Assembly Service Board
1st Respondent
Migori County Assembly
2nd Respondent
Duro George Okinyi
3rd Respondent
Ouma Edward Ooro
4th Respondent
Rioba Nicholas Ngabiya
5th Respondent
Grace Akinyi Odhiambo
6th Respondent
Onanda Christopher Odira
7th Respondent
Ruling
1. The petitioners/applicants by a motion dated July 4, 2022, brought pursuant to rule 17 of the Employment and Labour Relations Court (Procedure) Rules, 2016, order 40 rules 1, 2, 3 & 4 of the Civil Procedure Rules and article 41 of the Constitution. The applicants seek orders that:i.spentii.spentiii.This honourable court be pleased to grant a temporary order of injunction restraining the respondents by themselves, servant, agents or otherwise howsoever from interfering with the applicants/petitioners discharge of their duties as principal finance officer and acting clerk respectively of the 2nd respondent pending hearing and determination of this petition.iv.spentv.The honourable court be pleased to issue a temporary order of injunction restraining the 3rd, 4th, 5th, 6th & 7th respondents from carrying themselves as members of the 1st respondent and/or executing any mandate on behalf of the 1st respondent pending hearing and determination of the petition.vi.costs of the application.
2. The motion is supported by grounds on the face thereof, and the affidavit of Evans Ogutu Ouma, the 1st petitioner herein. The applicants contend that they are the lawful holders of the offices of principal finance office and acting clerk of the county assembly of the 2nd respondent.
3. They further aver that the 3rd, 4th, 5th, 6th & 7th respondents have gazetted themselves as members of the 1st respondent having illegally restrained and denied the applicants from exercising their duties and mandate as principal finance officer and acting clerk of the assembly.
4. It is the applicants further contention that the respondents have visited chaos on the conduct of the affairs of the 1st and 2nd respondent thereby exposing the citizens of Migori county to risks of disservice and financial losses.
5. The respondents opposed the application through a replying affidavit sworn on July 8, 2022 by one Vincensia Awino Kionge.
6. Both parties filed submissions in the matter and which have been duly considered.
Determination 7. I have considered the application, the grounds and affidavit in support, the respondents replying affidavit and written submissions by parties.
8. The orders sought in this application have in my view been overtaken by events following the issuance of letters of dismissal to the petitioners/applicants herein, and the change of membership of the 1st respondent pursuant to the just concluded general election.
9. In this regard, the orders and/or decision of the court rendered in the application of July 7, 2022, in this matter shall suffice.
10. Consequently, the instant application is dismissed for having been overtaken by events.
11. Costs shall abide the petition.
12. It is so ordered.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT KISUMU THIS 6TH DAY OF OCTOBER, 2022. CHRISTINE N. BAARIJUDGEAppearance:Mr. Evans Ogutu 1st Applicant present in personMr. O. Obiero present for the RespondentsMs. Christine Omollo-C/A