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Case Brief · caselaw.co.ke
ELRCOtherCause No. E144 of 2025

Lucy Mmbone Luchinga v Borderless Tracking Limited & 4 others

Employment and Labour Relations Court
25 September 2026
677 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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An employer that loses or settles an employment case in Kenya will normally pay the employee's legal costs unless it gives the court a good reason not to.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi (Nzei J) determined the sole unresolved issue in Cause No. E144 of 2025 - costs - after the parties filed a written consent dated 30 April 2026 settling all other issues. A consent judgment was entered on 4 May 2026 in terms of that consent, under which the 1st Respondent was to pay the Claimant Kshs.730,000/= by instalments, with paragraph 4 providing that costs be determined by the Court. The Court held it was seized of jurisdiction to award costs under Section 12(4) of the Employment and Labour Relations Court Act, read with Rule 70(1) & (2) of the ELRC (Procedure) Rules 2024 and Section 27 of the Civil Procedure Act. Applying the principle that costs follow the event unless the court for good reason orders otherwise, the Court found that the event was the entry of a consent judgment for the Claimant against the 1st Respondent, and that no affidavit or other material had been placed before it justifying any departure. It ordered the 1st Respondent to pay the Claimant's costs of the suit, taxable in default of agreement within thirty days. The ruling was delivered virtually via Microsoft Teams. Notably, the document is marked DRAFT throughout and refers to the 1st Defendant as the 1st Respondent.

Questions the Court framed

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

  1. 1.Whether costs of the suit should follow the event, i.e. be paid by the 1st Respondent to the Claimant, following the Consent Judgment

Key legal issues

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01

Award of costs after consent judgment

Holding

Costs awarded to the Claimant against the 1st Respondent as costs follow the event and no good reason was shown to depart from that rule

Reasoning

The parties consented to all issues except costs, which was left to the Court. A consent judgment was entered for the Claimant against the 1st Respondent for Kshs.730,000/=. Under Section 27 of the Civil Procedure Act and Section 12(4) of the ELRC Act, costs follow the event unless the court orders otherwise for good reason. No affidavit or other material was offered to justify departure, so costs were awarded to the Claimant.

p. 4

Legal principles established

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  • Costs follow the event unless the court, for good reason, orders otherwise

Court orders

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  1. 1.Costs of the suit to be paid by the 1st Respondent to the Claimant
  2. 2.Costs to be taxed if parties do not agree within thirty days of the Ruling

The bench

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

Wrote the judgment

Jurisdiction invoked
Section 12(4) of the Employment and Labour Relations Court Act

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.

In the circumstances, I order that costs of the suit herein shall be paid by the 1st Respondent to the Claimant, and that the same shall be taxed if the Claimant and the 1st Respondent do not agree on the same within thirty days of this Ruling.
p. 4Final orders - costs award
Costs must always follow the event, unless the Court, for good reason, orders otherwise.
p. 4Costs follow the event principle

Issues in the judgment

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material

Document repeatedly marked DRAFT

minor

Consent dated 30th April 2026 and consent judgment of 4th May 2026 in a cause numbered 2025, delivered 25 September 2026

minor

Body uses '1st Respondent' though parties are styled plaintiff/defendant

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, "Lucy Mmbone Luchinga v Borderless Tracking Limited & 4 others", Case Analysis (2026). Cause No. E144 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2675/eng@2026-09-25

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