https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1328

Seboru v Africa Economic Zone (AEZ) (Cause E913 of 2024) [2026] KEELRC 1328 (KLR) (15 May 2026) (Ruling) Neutral citation: [2026] KEELRC 1328 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Cause E913 of 2024 AK Nzei, J May 15, 2026 Between Msafiri Atibu Seboru Claimant and Africa Economic Zone (AEZ) Respondent Ruling 1.On 16th December, 2025, Counsel for parties herein recorded a consent settling the suit herein, whereupon a Consent Judgment was entered for the Claimant against the Respondent for a total sum of Kshs.4,662,000/=. 2.It was consented that parties herein would file written submissions on the issue of costs. Written submissions on the issue of by whom costs of the suit shall be paid have since been filed. The matter is now before me for determination of the said issue. 3.Section 27(1) of the Civil Procedure Act provides as follows:-“(1)Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the Court or Judge, and the Court or Judge shall have full power to determine by whom and out of what property and to what extend such costs are to be paid, and to give all necessary directions for the purposes aforesaid; and the fact that the Court or Judge has no jurisdiction to try the suit shall be no bar to the exercise of those powers:Provided that the costs of any action, cause or other matter or issue shall follow the event unless the Court or Judge shall for good reason otherwise order”. 4.The foregoing is the law that forms the foundation stone on which awards of costs are made by Courts in proceedings of a civil nature. Such proceedings include employment and labour relations court proceedings and/or suits instituted in this Court. 5.As already stated in this Ruling, there is already a Judgment entered in favour of the Claimant against the Respondent herein. That is the event, and the award of costs of the suit must follow that event, unless, for a good reason, this Court otherwise orders. 6.No good reason has been given by the Respondent herein as to why costs should not follow the event. Both parties cited the decision of the Supreme Court of Kenya in the case of Rai & 3 Others – vs – Rai & 4 Others (Petition 4 of 2012) [2014] KESC 31 (KLR) (4 March 2014) (Ruling), which basically restates the provisions of Section 27 of the Civil Procedure Act. 7.I make a finding that costs in the suit herein must follow the event. Consequently, costs of the suit herein are awarded to the Claimant; and shall be agreed or taxed. 8.Orders accordingly. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF MAY 2026AGNES KITIKU NZEIJUDGEOrderThis Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees.AGNES KITIKU NZEIJUDGEAppearance:Mr. Orina for the ClaimantMr. Kiprotich for the Respondent