[2021] KEELRC 965 (KLR)
The court determined that the orders sought by the applicants were intended to last only until the inter-partes hearing of the application. Since the court had not granted the orders at the initial stage and the circumstances had changed, the reliefs sought were overtaken by events and could no longer be granted....
Source-derived case information.
- Citation
- [2021] KEELRC 965 (KLR)
- Parties
- Applicant: Samson Hayanga & 45 Others; Respondent: Kenya Meteorological Department; Respondent: Ministry of Environment & Forestry; Respondent: Public Service Commission; Respondent: The National Treasury; Respondent: The Hon. Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E071 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- AN Makau
- Legal Topics
- Subsistence Allowance, Interlocutory Orders, Mandatory Injunction, Public Service Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Hayanga & 45 Others
Applicant
Kenya Meteorological Department
Respondent
Ministry of Environment & Forestry
Respondent
Public Service Commission
Respondent
The National Treasury
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should grant a mandatory order directing the respondents to approve payment of subsistence allowance and transport for the County Directors of Meteorological Services pending hearing and determination of the application.
- 2 Whether the application is merited given the orders sought were overtaken by events.
Ratio Decidendi
The court determined that the orders sought by the applicants were intended to last only until the inter-partes hearing of the application. Since the court had not granted the orders at the initial stage and the circumstances had changed, the reliefs sought were overtaken by events and could no longer be granted. The application therefore lacked merit and was rejected. The court exercised its discretion not to award costs, given the nature of the application and the stage at which it was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 27.1.2021 is rejected.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. E071 OF 2021
SAMSON HAYANGA & 45 OTHERS...........................................................CLAIMANT
-VERSUS-
KENYA METEOROLOGICAL DEPARTMENT.............................1ST RESPONDENT
MINISTRY OF ENVIRONMENT & FORESTRY...........................2NDRESPONDENT
PUBLIC SERVICE COMMISSION..................................................3RD RESPONDENT
THE NATIONAL TREASURY...........................................................4TH RESPONDENT
THE HON. ATTORNEY GENERAL................................................5TH RESPONDENT
RULING
1. The Claimants filed a Notice of Motion dated 27. 1.2021 seeking the following orders:
a. That the application be certified urgent.
b. That pending the hearing and determination of the application, a mandatory order do issue directing each of the respondent to directly approve the payment of subsistence allowance and transport for the County Directors of Meteorological Services (CDMS) Claimants/applicants herein.
c. That the respondents do bear the costs of this application.
2. The application is based on grounds set out on the body of the motion and it is supported by the Affidavit sworn by Mr. Samason Hayanga on 27. 1.2021. The respondents have opposed the application by the Affidavits sworn by Ms. Stella Aura on 29. 4.2021 and 27. 5.2021.
3. Having carefully read and considered the orders sought by the application, it is clear that none is capable of being granted at this stage since they are overtaken by events. The orders sought against every respondent were to last pending the inter-parties hearing of the application.
4. The orders were never granted by the court in the first instance and as such they are now overtaken by events.
5. Consequently, the application lacks merits and it is rejected with no order as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2021.
ONESMUS N MAKAU
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th April 2020, this judgment has been delivered to the parties online with their consent, the parties having waived compliance with Rule 28(3) of the ELRC Procedure Rules which requires that all judgments and rulings shall be dated, signed and delivered in the open court.
ONESMUS N. MAKAU
JUDGE