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ELRCOtherNot stated in the extract provided

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)

Employment and Labour Relations Court
24 April 2024
280 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This short ruling by the Employment and Labour Relations Court at Kisumu arises from the aftermath of a judicial review suit dismissed with costs on 11 December 2020. The 2nd Respondent's Bill of Costs was taxed on 26 April 2023, and in November 2023 the 2nd Respondent applied for execution. The Deputy Registrar marked the application to be placed before Radido Stephen, J, on 11 December 2023, but neither the parties nor a pending application warranted the judge's attention, and the matter was adjourned to 5 February 2024. On that date the court was informed the parties had agreed to liquidate the costs in instalments; a consent was directed to be filed. Despite appearances on 15 February, 6 March and 12 March 2024, no consent was filed, prompting the court to deliver this ruling. The judge held that under Order 22 of the Civil Procedure Rules and the court's practice, execution proceedings are primarily the jurisdiction of the Deputy Registrar, and that the Registry erred in referring the execution application to the Court. The court directed that the file be placed before the Deputy Registrar for further proceedings. The ruling was delivered virtually, dated and signed in Kisumu on 24 April 2024. No costs order was made in the ruling itself; the ex-parte applicants, 1st and 3rd Respondents did not participate, and only the 2nd Respondent, through Mr Otieno of Owiti, Otieno & Ragot Advocates, appeared.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court should rule on the parties' proposed consent to liquidate taxed costs in instalments
  2. 2.Whether execution proceedings properly lie before the judge rather than the Deputy Registrar

Key legal issues

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Proper forum for execution proceedings following taxation of costs

Holding

Execution is primarily the Deputy Registrar's jurisdiction; referral of the execution application to the judge was an error

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The file be placed before the Deputy Registrar for further proceedings

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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

p. 2

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

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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.
p. 2Final orders - execution file remitted to Deputy Registrar
Under Order 22 of the Civil Procedure Rules and practices of the Court, execution proceedings are primarily the jurisdiction of the Deputy Registrar.
p. 2Jurisdiction over execution under Order 22 Civil Procedure Rules
It was, therefore, an error for the Registry to refer the application for execution to the Court.
p. 2Registry error in referring execution to the judge

Issues in the judgment

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material

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

minor

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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.