[2021] KEELRC 703 (KLR)
The court found that it is functus officio, having already determined the sums to be paid to the claimants. The claimants' continued pursuit of further payments or reopening of the matter is not within the court's jurisdiction, as the orders have been made and it is for the parties to account for compliance. The...
Source-derived case information.
- Citation
- [2021] KEELRC 703 (KLR)
- Parties
- Applicant: Susan Mumbua; Applicant: Lorna Tsisiga; Applicant: Tivender Kaur Juttla; Applicant: Johannes Oluoch; Applicant: Joan Wangui Kariuki; Applicant: Harrison Ndwiga Muriithi; Applicant: Daniel Muema Mutangili; Respondent: Navitas Limited; Respondent: Australian University Studies Institute (AUSI); Respondent: AUSEDKEN Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 350 of 2015
- Procedural Posture
- Employment Cause / Ruling
- Outcome
- Application dismissed for want of jurisdiction; court functus officio.
- Judges
- AN Makau
- Legal Topics
- Functus Officio, Enforcement of Judgment, Payment of Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Mumbua
Applicant
Lorna Tsisiga
Applicant
Tivender Kaur Juttla
Applicant
Johannes Oluoch
Applicant
Joan Wangui Kariuki
Applicant
Harrison Ndwiga Muriithi
Applicant
Daniel Muema Mutangili
Applicant
Navitas Limited
Respondent
Australian University Studies Institute (AUSI)
Respondent
AUSEDKEN Limited
Respondent
Procedural Posture
Employment Cause / Ruling
Legal Issues
- 1 Whether the court has jurisdiction to reopen matters already determined regarding payment of dues.
- 2 Whether the claimants have been paid in full as per previous court orders.
Ratio Decidendi
The court found that it is functus officio, having already determined the sums to be paid to the claimants. The claimants' continued pursuit of further payments or reopening of the matter is not within the court's jurisdiction, as the orders have been made and it is for the parties to account for compliance. The court noted that the claimants appear to have been paid in full, and there is no further issue for judicial determination. Accordingly, the court declined to entertain further applications on the same subject and declared itself without jurisdiction to reopen the matter.
Court Disposition
Application dismissed for want of jurisdiction; court functus officio.
Orders
- The court declines jurisdiction to reopen or revisit the matter as it is functus officio.
- No further orders will be issued regarding payment of dues already determined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 350 OF 2015
SUSAN MUMBUA......................................................................................1ST CLAIMANT
LORNA TSISIGA......................................................................................2ND CLAIMANT
TIVENDER KAUR JUTTLA....................................................................3RD CLAIMANT
JOHANNES OLUOCH..............................................................................4TH CLAIMANT
JOAN WANGUI KARIUKI......................................................................5TH CLAIMANT
HARRISON NDWIGA MURIITHI.........................................................6TH CLAIMANT
DANIEL MUEMA MUTANGILI.............................................................7TH CLAIMANT
VERSUS
NAVITAS LIMITED................................................................................1ST RESPONDENT
AUSTRALIAN UNIVERSITY STUDIES INSTITUTE (AUSI)........2ND RESPONDENT
AUSEDKEN LIMITED...........................................................................3RD RESPONDENT
RULING
1. Interest Reipublicae Ut Sit Finis Litium– Latin for in the interest of society as a whole, litigation must come to an end. It was said by Evelle Younger, Attorney General, California, 1971 that “An incompetent attorney can delay a trial for years or months. A competent attorney can delay one even longer.” This case has been litigated from 10th March 2015. This year alone there have been three Rulings including this one. The issue precipitating the current Ruling is the alleged non-payment of dues as ordered by the Court. The Court is functus officio and has determined the sums to be paid and it is upon the parties to take account and not involve the Court in their endless quest for an extra cent. If the Claimants have lost a bargain on the payments due then so be it. It seems Claimants have been paid in full. There is nothing for the Court to determine and I hereby down my tools as being bereft of any jurisdiction to reopen matters determined by Radido J. and myself the Court rests.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 5TH DAY OF OCTOBER 2021
NZIOKI WA MAKAU
JUDGE