[2008] KEHC 482 (KLR)
The court found that the application for judicial review had been overtaken by events, as the officials whose registration was challenged were no longer current and the factual circumstances had materially changed since the filing of the application. The court emphasized that it cannot issue orders that are not...
Source-derived case information.
- Citation
- [2008] KEHC 482 (KLR)
- Parties
- Applicant: Republic; Respondent: Registrar of Trade Unions; Applicant: Elijah Otieno Awacha; Interested Party: National Union of Water and Sewerage Employees
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 721 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed as overtaken by events
- Judges
- JW Nyamu
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Mandamus, Trade Union Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Registrar of Trade Unions
Respondent
Elijah Otieno Awacha
Applicant
National Union of Water and Sewerage Employees
Interested Party
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the application for judicial review orders of certiorari, prohibition, and mandamus is maintainable in light of the current factual status of the register at the Registrar of Trade Unions.
- 2 Whether the court can grant orders that are not based on the prevailing factual circumstances.
Ratio Decidendi
The court found that the application for judicial review had been overtaken by events, as the officials whose registration was challenged were no longer current and the factual circumstances had materially changed since the filing of the application. The court emphasized that it cannot issue orders that are not grounded in the present reality or that would serve no practical purpose. Consequently, the application was dismissed as moot, and no orders as to costs were made.
Court Disposition
application dismissed as overtaken by events
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Civil Appli 721 of 2007
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
AND
IN THE MATTER OF TRADE UNIONS ACT CAP 233 LAWS OF KENYA
AND
IN THE MATTER OF LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES
REPUBLIC…………………………...................................…………………………….APPLICANT
VERSUS
THE REGISTRAR OF TRADE UNIONS................................................................RESPONDENT
Ex-Parte
ELIJAH OTIENO AWACHA...........................................................................................APPLICANT
NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES......INTERESTED PARTY
JUDGMENT
The application before me is dated 13th July 2007 and seeks judicial review orders of certiorari, prohibition and mandamus.
I have considered the affidavits filed by all the parties including written submissions and oral submissions by Counsel.
It is common ground that after the hearing was finalised on 22nd February 2008 the Court posed to Counsel, a question concerning the current status of the register at the Registrar of Trade Unions and it was revealed to the Court that some of the Respondents were not the current officials. Counsel requested time to consider their positions. After this several mentions were fixed and a hearing a date was finally fixed for 29th October, 2008 and neither the Applicant nor the Respondent Counsel appeared. Only the Interested Party’s Counsel appeared.
In view of the well known maxim that a court of law never acts in vain, it is clear to the Court that the application has been overtaken by events. I cannot give a hanging decision that is not based on the factual position on the ground. In the result the application is dismissed and in the circumstances I decline to award any costs.
DATED and delivered at Nairobi this 5th day of December, 2008.
J. G. NYAMU
JUDGE