Republic v Clerk, County Assembly of Homa Bay & 2 others; Nyambok & another (Interested Parties); Nyangi & another (Exparte Applicants) (Judicial Review Application 5 of 2020) [2024] KEELRC 875 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court should rule on the parties' proposed consent to liquidate taxed costs in instalments
- 2.Whether execution proceedings properly lie before the judge rather than the Deputy Registrar
Key legal issues
#Proper forum for execution proceedings following taxation of costs
Execution is primarily the Deputy Registrar's jurisdiction; referral of the execution application to the judge was an error
The court traced the history: dismissal of the judicial review motion with costs, taxation of the 2nd Respondent's Bill of Costs, and the 2nd Respondent's application for execution which the Deputy Registrar marked to be placed before the judge. Applying Order 22 of the Civil Procedure Rules and court practice, the judge held that execution proceedings belong to the Deputy Registrar, making the referral to the court an error, and directed the file be returned there.
Legal principles established
#- Execution proceedings are primarily within the jurisdiction of the Deputy Registrar, and it is an error for the Registry to refer an application for execution to the judge.
Court orders
#- 1.The file be placed before the Deputy Registrar for further proceedings
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original judicial review jurisdiction of the Employment and Labour Relations Court; execution governed by Order 22 of the Civil Procedure Rules
Relief refused
#Court determination of the instalment-payment consent on behalf of the parties
No consent was filed despite repeated directions, and execution is the province of the Deputy Registrar, not the judge
Costs
No costs order made in this ruling (costs had been awarded with the dismissal of the judicial review motion on 11 December 2020 and the Bill of Costs taxed on 26 April 2023).
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Court directs that the file be placed before the Deputy Registrar for further proceedings.
Under Order 22 of the Civil Procedure Rules and practices of the Court, execution proceedings are primarily the jurisdiction of the Deputy Registrar.
It was, therefore, an error for the Registry to refer the application for execution to the Court.
Issues in the judgment
#The judgment does not state the case title, case number or the names of the parties; only their roles (ex-parte applicants, 1st, 2nd and 3rd Respondents) appear
The judgment refers to the underlying judicial review motion dismissed on 11 December 2020 but does not identify that suit by number or court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Clerk, County Assembly of Homa Bay & 2 others; Nyambok & another (Interested Parties); Nyangi & another (Exparte Applicants) (Judicial Review Application 5 of 2020) [2024] KEELRC 875 (KLR)", Case Analysis (2024). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/875/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.