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ELRCDismissedJudicial Review E033 of 2024 (Notice of Motion dated 24th January 2025)

Republic v Chief Executive Officer, Siaya County Public Service Board & 2 others; Ochola (Exparte Applicant) (Judicial Review E004 of 2025) [2025] KEELRC 1476 (KLR)

Employment and Labour Relations Court of Kenya
14 May 2025
1,292 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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The Employment Court in Kisumu dismissed a Kenyan job seeker's bid to force Siaya County to honour an earlier judgment, ruling he should simply enforce it instead of filing new cases.

What this practically means

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Executive summary

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The Ex-parte Applicant, with leave granted on 22nd January 2025, filed a Notice of Motion dated 24th January 2025 seeking an order of mandamus to compel the CEO of the Siaya County Public Service Board to issue him a letter of appointment, and a similar order against the Chief Officer, Department of Finance & Economic Planning, to pay Kshs. 8,430,144/- being the decretal sum, interest and taxed costs awarded in ELRC PET E014 of 2024 (judgment delivered 26th June 2024). He asserted continued disobedience of the judgment, absence of any stay, and that he had complied with the prerequisites under Order 53 Rule 3 of the Civil Procedure Rules and section 21 of the Government Proceedings Act. The Respondents, through a Replying Affidavit of Mr. Wilfred Nyagudi, contended the motion was premature and sub judice owing to a pending application dated 8th October 2024 to set aside the same judgment. In written submissions, the Applicant relied on authorities on implied refusal to satisfy decrees, while the Respondents relied on sub judice authorities and sought dismissal with costs. The court dismissed the motion, holding that the substantive issues had already been determined in Petition E014 of 2024 (Radido J.) and in JR E033 of 2024, that the Applicant should not litigate ad infinitum matters already settled and not overturned on appeal, and that his remedy was to execute the existing decisions. The Judicial Review was dismissed as vexatious with costs of Kshs. 50,000/- awarded to the Respondents.

Questions the Court framed

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

  1. 1.Whether the Notice of Motion seeking an order of mandamus to compel issuance of a letter of appointment and payment of the decretal sum in ELRC PET E014 of 2024 should be granted
  2. 2.Whether the application is premature or sub judice given the pending application dated 8th October 2024 to set aside the judgment

Key legal issues

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01

Whether a fresh mandamus application can proceed where the same court has already determined the substantive matters

Holding

The motion fails because the issues were already determined in Petition E014 of 2024 (Radido J.) and in JR E033 of 2024

Reasoning

The court held that the applicant was attempting to re-litigate matters settled by competent courts which no appeal had overturned. The proper course was to execute the existing decisions of the court, not to bring successive judicial review proceedings. The motion was characterised as vexatious and dismissed with costs.

p. 3
02

Whether the application was sub judice given the pending application to set aside the judgment

Holding

The Respondents argued the motion was sub judice; the court dismissed the motion on the broader ground of re-litigation of settled matters rather than on sub judice alone

Reasoning

The Respondents relied on authorities defining sub judice and urging striking out to avoid contradictory judgments. The court did not rest its decision solely on that doctrine, holding instead that the applicant was flogging a dead horse by re-litigating matters already settled and should simply execute the existing decisions.

p. 3

Legal principles established

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  • Matters already settled by competent courts and not overturned on appeal should not be re-litigated; a decree holder should execute existing decisions rather than bring successive judicial review applications

Court orders

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  1. 1.The Judicial Review is dismissed with costs assessed at Kshs. 50,000/- to the Respondents for being vexatious

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Judicial review jurisdiction under Order 53 of the Civil Procedure Rules (leave granted on 22nd January 2025)

Relief refused

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Order of mandamus compelling the CEO of the Siaya County Public Service Board to issue a letter of appointment

The matter was already determined by the court in Petition E014 of 2024 and in JR E033 of 2024; re-litigating settled matters is vexatious

p. 3

Order of mandamus compelling payment of Kshs. 8,430,144/- decretal sum, interest and taxed costs

The Applicant should execute the existing decisions rather than file a fresh judicial review

p. 4

Costs

Costs of Kshs. 50,000/- awarded to the Respondents, the Judicial Review being dismissed as vexatious

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.

This Court determined the matter in Petition E014 of 2024 (per Radido J.) and my determination that mandamus lies made in JR E033 of 2024.
p. 3prior determinations binding on parties
As such, the Ex parte Applicant should not be litigating ad infinitum matters already settled by competent courts and which no appeal has overturned.
p. 3abuse of process / re-litigation
The Judicial Review is dismissed with costs assessed at Kshs. 50,000/- to the Respondents for being vexatious.
p. 4final orders and costs

Issues in the judgment

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minor

Judgment number inconsistently rendered: the petition is referred to as both 'ELRC PET E014 of 2024' and 'Petition E014 of 2024'; also a possible typographical rendering of 'flog' as 'fiog'

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 Chief Executive Officer, Siaya County Public Service Board & 2 others; Ochola (Exparte Applicant) (Judicial Review E004 of 2025) [2025] KEELRC 1476 (KLR)", Case Analysis (2025). Judicial Review E033 of 2024 (Notice of Motion dated 24th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1476/eng@2025-05-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.