Skip to content
JudgmentREPUBLIC VS THE CLERK HOMABAY COUNTY ASSEMBLY1 min read

REPUBLIC VS THE CLERK HOMABAY COUNTY ASSEMBLY

Employment and Labour Relations Court at Kisumu ELRC · · Stephen Radido

Summary

The court dismissed with costs a Notice of Motion seeking judicial review. The Respondent filed a Bill of Costs which was taxed, and later applied for execution. The Court noted the parties had agreed to liquidate costs in instalments but no consent was filed. The Court ruled that execution proceedings are the Deputy Registrar's jurisdiction, so the file should be placed before the Deputy Registrar for further proceedings.

1. On 11 December 2020, the Court dismissed with costs a Notice of Motion seeking judicial review orders brought by the ex-parte applicants.
2. The 2nd Respondent then filed its Bill of Costs which was taxed on 26 April 2023.
3. On November 2023, the Respondent made an application for execution. The Deputy Registrar marked the application to be placed before me on 11 December 2023.
4. The parties did not attend Court on 11 December 2023, and I noted that there was no pending application on record warranting my attention. Nonetheless, I directed the Deputy Registrar to notify the parties to appear before me on 5 February 2024.
5. When the Respondent appeared on 5 February 2024, the Court was informed that the parties had agreed to liquidate the costs in instalments.
6. The Court directed that a consent be filed. There were appearances on 15 February 2024, 6 March 2024, and 12 March 2024. There was no consent and I directed that I would give a Ruling today.
7. 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.
8. The Court directs that the file be placed before the Deputy Registrar for further proceedings.
    REPUBLIC VS THE CLERK HOMABAY COUNTY ASSEMBLY REPUBLIC VS THE CLERK HOMABAY COUNTY ASSEMBLY