[2023] KEELRC 100 (KLR)
The court found that the applicant had filed a notice of withdrawal of the application and, as such, there was no longer any substantive issue for determination. The application was therefore marked as withdrawn. In line with the general principle that costs follow the event, and there being no exceptional...
Source-derived case information.
- Citation
- [2023] KEELRC 100 (KLR)
- Parties
- Applicant: Dr Dalmas Oyugi Oyugi; 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 E066 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- Application marked as withdrawn.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, Judicial Review, Public Service Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Dalmas Oyugi Oyugi
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- 1 Whether the application should be marked as withdrawn following the applicant's notice of withdrawal.
- 2 Whether costs should be awarded to the respondents upon withdrawal of the application.
Ratio Decidendi
The court found that the applicant had filed a notice of withdrawal of the application and, as such, there was no longer any substantive issue for determination. The application was therefore marked as withdrawn. In line with the general principle that costs follow the event, and there being no exceptional circumstances to depart from this rule, the court awarded costs to the respondents.
Court Disposition
Application marked as withdrawn. Costs awarded to the respondents.
Orders
- The application dated December 9, 2022 is marked as withdrawn.
- Costs to the respondents.
Full Case Text
Judgment text and source record
29 paragraphs
Oyugi v Migori County Secretary & 2 others (Miscellaneous Application E066 of 2022) [2023] KEELRC 100 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 100 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Miscellaneous Application E066 of 2022
S Radido, J
January 25, 2023
Between
Dr Dalmas Oyugi Oyugi
Applicant
and
Migori County Secretary
1st Respondent
Governor, Migori County
2nd Respondent
County Public Service Board, Migori
3rd Respondent
Ruling
1. On September 6, 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 November 16, 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 November 24, 2022.
5. On December 6, 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 December 13, 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 December 15, 2022 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 December 16, 2022.
9. On December 22, 2022, 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 December 9, 2022 as withdrawn. Costs to the respondents.
DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 25TH DAY OF JANUARY 2023. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor applicant Bruce Odeny & Co AdvocatesFor Respondents Okongo Wandago & Co AdvocatesCourt Assistant Chrispo Aura