[2017] KEELRC 724 (KLR)
The court found that the applicant's grievances stemmed from dissatisfaction with the presentation and determination of issues already adjudicated on their merits by Mbaru J. There was no evidence or legal basis to compel the respondents' counsel to withdraw from the case, as he was properly instructed and had not...
Source-derived case information.
- Citation
- [2017] KEELRC 724 (KLR)
- Parties
- Applicant: Republic; Respondent: The Secretary, Public Service Commission; Respondent: The Principal Secretary, Ministry of Sports, Culture and Arts; Applicant: Sammy Nzioki
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 373 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Withdrawal of Counsel and Recusal
- Outcome
- application dismissed
- Judges
- L Ndolo
- Legal Topics
- Withdrawal of Counsel, Recusal of Judge, Misleading Information by Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Secretary, Public Service Commission
Respondent
The Principal Secretary, Ministry of Sports, Culture and Arts
Respondent
Sammy Nzioki
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Withdrawal of Counsel and Recusal
Legal Issues
- 1 Whether counsel for the respondents should be ordered to withdraw for allegedly providing misleading information to the court.
- 2 Whether there is legal basis for the presiding judge to take over the matter from another judge who has already delivered judgment.
Ratio Decidendi
The court found that the applicant's grievances stemmed from dissatisfaction with the presentation and determination of issues already adjudicated on their merits by Mbaru J. There was no evidence or legal basis to compel the respondents' counsel to withdraw from the case, as he was properly instructed and had not been shown to have acted improperly. Furthermore, the court held that there was no legal basis for the presiding judge to take over the matter from another judge who had already delivered judgment, as both judges had concurrent jurisdiction and the matter had been concluded. The application was therefore dismissed to the extent of the request for withdrawal of counsel, and no...
Court Disposition
application dismissed
Orders
- The applicant's application dated 27th February 2017 is dismissed to the extent of the request for withdrawal of counsel.
- No order is made regarding recusal of Mbaru J.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC APPLICATION JR NO. 373 OF 2016
REPUBLIC..........................................................................................APPLICANT
VERSUS
THE SECRETARY, PUBLIC SERVICE COMMISSION......1STRESPONDENT
AND
THE PRINCIPAL SECRETARY
MINISTRY OF SPORTS, CULTURE AND ARTS..............2NDRESPONDENT
EX PARTE SAMMY NZIOKI
RULING
1. This ruling relates to the application by the Ex Parte Applicant brought by Notice of Motion dated 27th February 2017, seeking an order that Counsel for the Respondents, Wycliffe Odukenya withdraws from this case, on the ground that he gave misleading information to the Court.
2. The Applicant also faults Mr. Odukenya for failure to produce full information during the hearing of the main case.
3. In response, Mr. Odukenya submits that the Applicant appears to have a problem interpreting the judgment delivered by Mbaru J on 13th February 2017. Counsel adds that the documents presented in Court were obtained from the Respondents and asking him to withdraw from the case, just because the judgment was not in the Applicant’s favour, has no legal basis.
4. I have looked at the grounds on the face of the Applicant’s application and find that his grievance arises from presentation and determination of issues that were dealt with on merit by Mbaru J. I therefore find no grounds upon which Counsel who is duly instructed to act for the Respondents may be asked to withdraw from this case. To this extent only, the Applicant’s application dated 27th February 2017 fails.
5. Regarding the part of the application dealing with recusal by Mbaru J, with whom I have concurrent jurisdiction, I have nothing to say. I however find no legal basis for me to take over this matter from my sister judge, who has already delivered judgment and is within the jurisdiction of the Court.
6. I make no order for costs.
7. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 22NDDAY OF SEPTEMBER 2017
LINNET NDOLO
JUDGE
Appearance:
Sammy Nzioki (the Applicant in person)
Mr. Odukenya for the 1st and 2nd Respondents