[2024] KEELRC 875 (KLR)
The Court held that execution proceedings, including applications for execution of taxed costs, fall within the jurisdiction of the Deputy Registrar as provided under Order 22 of the Civil Procedure Rules. The referral of the execution application to the Judge was an error by the Registry. The Judge therefore...
Source-derived case information.
- Citation
- [2024] KEELRC 875 (KLR)
- Parties
- Applicant: Republic; Respondent: Clerk, County Assembly of Homa Bay; Respondent: County Assembly, Homa Bay; Respondent: County Assembly Service Board, Homa Bay; Interested Party: Julius Nyambok; Interested Party: Richard Ogindo; Applicant: Hon Michael Nyangi; Applicant: Hon Peter Juma
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 5 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Execution Proceedings Post Taxation of Costs
- Outcome
- Application for execution referred to Deputy Registrar for further proceedings.
- Judges
- S Radido
- Legal Topics
- Execution of Costs, Taxation of Costs, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Clerk, County Assembly of Homa Bay
Respondent
County Assembly, Homa Bay
Respondent
County Assembly Service Board, Homa Bay
Respondent
Julius Nyambok
Interested Party
Richard Ogindo
Interested Party
Hon Michael Nyangi
Applicant
Hon Peter Juma
Applicant
Procedural Posture
Judicial Review Application / Ruling on Execution Proceedings Post Taxation of Costs
Legal Issues
- 1 Whether the execution proceedings should be handled by the Judge or the Deputy Registrar under the Civil Procedure Rules.
- 2 Whether the referral of the execution application to the Judge was proper.
Ratio Decidendi
The Court held that execution proceedings, including applications for execution of taxed costs, fall within the jurisdiction of the Deputy Registrar as provided under Order 22 of the Civil Procedure Rules. The referral of the execution application to the Judge was an error by the Registry. The Judge therefore directed that the file be placed before the Deputy Registrar for further proceedings, as the Judge's intervention was not warranted at this stage of execution. The Court also noted the absence of a formal consent between the parties regarding the liquidation of costs in instalments, despite several opportunities to file such consent. The ruling reinforces the procedural demarcation...
Court Disposition
Application for execution referred to Deputy Registrar for further proceedings.
Orders
- The file is to be placed before the Deputy Registrar for further proceedings.
Full Case Text
Judgment text and source record
37 paragraphs
Republic v Clerk, County Assembly of Homa Bay & 2 others; Nyambok & another (Interested Parties); Nyangi & another (Exparte Applicants) (Judicial Review Application 5 of 2020) [2024] KEELRC 875 (KLR) (24 April 2024) (Ruling)
Neutral citation: [2024] KEELRC 875 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Judicial Review Application 5 of 2020
S Radido, J
April 24, 2024
Between
Republic
Applicant
and
Clerk, County Assembly of Homa Bay
1st Respondent
County Assembly, Homa Bay
2nd Respondent
County Assembly Service Board, Homa Bay
3rd Respondent
and
Julius Nyambok
Interested Party
Richard Ogindo
Interested Party
and
Hon Michael Nyangi
Exparte Applicant
Hon Peter Juma
Exparte Applicant
Ruling
1. On 11 December 2020, the Court dismissed with costs a Notice of Motion seeking judicial review orders brought by the ex-parte applicants.
2. The 2nd Respondent then filed its Bill of Costs which was taxed on 26 April 2023.
3. On November 2023, the Respondent made an application for execution. The Deputy Registrar marked the application to be placed before me on 11 December 2023.
4. The parties did not attend Court on 11 December 2023, and I noted that there was no pending application on record warranting my attention. Nonetheless, I directed the Deputy Registrar to notify the parties to appear before me on 5 February 2024.
5. When the Respondent appeared on 5 February 2024, the Court was informed that the parties had agreed to liquidate the costs in instalments.
6. The Court directed that a consent be filed. There were appearances on 15 February 2024, 6 March 2024, and 12 March 2024. There was no consent and I directed that I would give a Ruling today.
7. Under Order 22 of the Civil Procedure Rules and practices of the Court, execution proceedings are primarily the jurisdiction of the Deputy Registrar. It was, therefore, an error for the Registry to refer the application for execution to the Court.
8. The Court directs that the file be placed before the Deputy Registrar for further proceedings.
DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 24THDAY OF APRIL 2024. RADIDO STEPHEN, MCIARBJUDGEAppearancesEx-parte applicants did not participate1st Respondent did not participateFor 2nd Respondent Mr Otieno instructed by Owiti, Otieno & Ragot Advocate3rd Respondent did not participateCourt Assistants Chrispo/Chemwolo