[2022] KEELRC 13048 (KLR)
The court accepted the ex-parte applicant's notice to withdraw the judicial review proceedings before judgment was delivered. In the absence of any objection or application for costs by the respondent or interested parties, the court exercised its discretion to mark the proceedings as withdrawn with no order as to...
Source-derived case information.
- Citation
- [2022] KEELRC 13048 (KLR)
- Parties
- Applicant: Republic; Respondent: Governor, Migori County; Interested Party: County Assembly of Migori; Interested Party: Migori County Public Service Board; Exparte: Martin Shikuku Arondo
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E012 of 2022
- Procedural Posture
- Judicial Review / Withdrawal Before Judgment
- Outcome
- withdrawn
- Judges
- S Radido
- Legal Topics
- Judicial Review, Withdrawal of Suit, Public Service Board, County Government Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Governor, Migori County
Respondent
County Assembly of Migori
Interested Party
Migori County Public Service Board
Interested Party
Martin Shikuku Arondo
Exparte
Procedural Posture
Judicial Review / Withdrawal Before Judgment
Legal Issues
- 1 Whether the ex-parte applicant is entitled to withdraw the judicial review proceedings before judgment is delivered.
- 2 Whether any orders as to costs should be made upon withdrawal of the suit.
Ratio Decidendi
The court accepted the ex-parte applicant's notice to withdraw the judicial review proceedings before judgment was delivered. In the absence of any objection or application for costs by the respondent or interested parties, the court exercised its discretion to mark the proceedings as withdrawn with no order as to costs. The withdrawal was thus allowed, and the matter was concluded without further adjudication on the merits.
Court Disposition
withdrawn
Orders
- The proceedings are marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Governor, Migori County; County Assembly of Migori & another (Interested Parties); Arondo (Exparte) (Judicial Review E012 of 2022) [2022] KEELRC 13048 (KLR) (2 November 2022) (Order)
Neutral citation: [2022] KEELRC 13048 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Judicial Review E012 of 2022
S Radido, J
November 2, 2022
IN THE MATTER OF AN APPLICATION BY MARTIN SHIKUKU ARONDO FOR ORDERS OF JUDICIAL REVIEW IN THE NATURE OF CERTIORARI AND PROHIBITION AND IN THE MATTER OF THE COUNTY GOVERNMENTS ACT AND IN THE MATTER OF THE MIGORI COUNTY PUBLIC SERVICE BOARD AND IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT
Between
Republic
Applicant
and
Governor, Migori County
Respondent
and
County Assembly of Migori
Interested Party
Migori County Public Service Board
Interested Party
and
Martin Shikuku Arondo
Exparte
Order
1. The court was scheduled to deliver judgment in this judicial review proceedings on 3 November 2022.
2. The ex-parte applicant has, however, filed a notice to act in person and a notice to withdraw the suit.
3. The proceedings are marked as withdrawn with no order on costs.
ISSUED VIRTUALLY FROM MOMBASA ON THIS 2ND DAY OF NOVEMBER 2022. RADIDO STEPHEN, MCIArbJUDGE