[2016] KEELRC 246 (KLR)
The court held that the consent filed by the ex parte applicant and the respondents had compromised and withdrawn the suit, thereby bringing it to an end. As such, there was no longer a live suit to which Evans Nasebe could be joined as an interested party. The court further reasoned that the applicant would not...
Source-derived case information.
- Citation
- [2016] KEELRC 246 (KLR)
- Parties
- Applicant: Republic; Respondent: Registrar, The Nursing Council of Kenya (Edna C. Tallam-Kimaiyo); Respondent: The Nursing Council of Kenya; Respondent: Cabinet Secretary Ministry of Health; Respondent: The Honourable Attorney General; Respondent: Kenya Trade Network Agency (KENTRADE); Applicant: Union of Kenya Civil Servants; Interested Party: Evans Nasebe
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 14 of 2016
- Procedural Posture
- Judicial Review / Ruling on Application for Joinder After Withdrawal by Consent
- Outcome
- application dismissed
- Legal Topics
- Joinder of Parties, Withdrawal of Suit, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Registrar, The Nursing Council of Kenya (Edna C. Tallam-Kimaiyo)
Respondent
The Nursing Council of Kenya
Respondent
Cabinet Secretary Ministry of Health
Respondent
The Honourable Attorney General
Respondent
Kenya Trade Network Agency (KENTRADE)
Respondent
Union of Kenya Civil Servants
Applicant
Evans Nasebe
Interested Party
Procedural Posture
Judicial Review / Ruling on Application for Joinder After Withdrawal by Consent
Legal Issues
- 1 Whether an interested party can be joined to a suit that has already been withdrawn by consent of the main parties.
- 2 Whether the consent filed by the parties effectively compromises the suit and precludes further applications for joinder.
- 3 Whether the applicant suffers prejudice by being denied joinder after withdrawal of the suit.
Ratio Decidendi
The court held that the consent filed by the ex parte applicant and the respondents had compromised and withdrawn the suit, thereby bringing it to an end. As such, there was no longer a live suit to which Evans Nasebe could be joined as an interested party. The court further reasoned that the applicant would not suffer prejudice as he was not a party to the suit prior to its withdrawal and retains the right to institute his own proceedings if he so wishes. Forcing parties who have mutually resolved their dispute to continue litigating solely on the basis of a third party's wish to join would be unfair and contrary to the interests of justice. Accordingly, the application for joinder was...
Court Disposition
application dismissed
Orders
- The application for joinder by Evans Nasebe is dismissed.
- The consent filed by the parties is adopted as an order of the court.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
JUDICIAL REVIEW NO. 14 OF 2016
(FORMERLY MISC. APPL. NO. 318 OF 2016)
REPUBLIC …………….…………………............................……..…. APPLICANT
VERSUS
THE REGISTRAR, THE NURSING COUNCIL OF KENYA
(EDNA C. TALLAM-KIMAIYO) …................................................1ST REPONDENT
THE NURSING COUNCIL OF KENYA …...........................…. 2ND RESPONDENT
CABINET SECRETARY MINISTRY OF HEALTH ….……….. 3RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL ……………...... 4TH RESPONDENT
KENYA TRADE NETWORK AGENCY (KENTRADE) …..........5TH RESPONDENT
EX-PARTE
UNION OF KENYA CIVIL SERVANTS
AND
EVANS NASEBE …………........………...................……… INTERESTED PARTY
RULING
1. The judicial review application was filed at the High Court on 22nd July 2016 and was subsequently transferred to this court on the same date.
2. On 22nd August 2006 a consent entered into by the Exparte- applicant and the 1st and 2nd respondents was filed. In terms of the consent, “the entire suit/matter be marked as withdrawn and fully settled” interalia.
3. Subsequently, by a notice of application dated 20th September 2016 and filed on 20th September 2016, one Evans Nasebe seeks to be joined as an interested party.
4. The application is opposed by all the other parties on the basis that the suit was compromised by the consent filed on 22nd August 2016.
5. The basis of the application is that the applicant/intended interested party is a person directly affected by the relief sought and the applicant wishes to be heard before the proposed consent is adopted by the court.
6. It is the court’s considered view that the consent filed by the Exparte-applicant and the respondents in this case has compromised the suit. The court also is of the considered view that the applicant may institute his own suit if he intends to litigate on matters that affect him vis a vis any of the parties in the withdrawn suit.
7. The court adopts the consent filed by the parties to this suit as an order of the court.
8. There is no prejudice that may be suffered by the applicant by reason of termination of the suit the applicant was not party to prior to its withdrawal.
9. It would be unfair and not in the interest of justice to force parties who have mutually resolved their differences and withdrawn their suit to continue litigating solely on the basis that a third party wishes to join their already withdrawn suit.
10. The application is dismissed with no order as to costs.
Dated and delivered at Nairobi this 2nd day of December 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE