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…name written in colour green at the front of the defendants' public service vehicles. b) A permanent injunction restraining the defendants whether acting by themselves, relatives, friends, their agents, servants and/or other…

…at the front with near-similar name written in colour green at the front of the defendants/respondents' public service vehicles. c) THAT pending the hearing of this application inter-parties the court be pleased to grant…

…Among the documents produced by the appellant, was a letter dated the 16th, December, 2021 from the Public Service Commission showing the entry point in the Public service and the career progression had the deceased been…

…employed in the Public service.…

…The application is supported by the affidavit of Prisca Otipa, the Chief Officer responsible for Public Service in the County Government of Kakamega.…

…Service.…

…It was, in the learned judge’s view, a question whether the Public Service Commission had the right to engage and retain employees who are trustworthy, and to dismiss those who are not.…

…This view coloured an attitude to regulation 25 of the Public Service Regulations, so much so that a probation order came to be seen as tantamount to an acquittal.…

…The Subordinate Court found that the subject motor vehicle was not operating as a Public Service Vehicle (PSV) and as such, no receipt was or could be issued to the Appellant and that he was not an employee of the 1st Respondent…

…The appellant was aware or ought to have known that the motor vehicle in question was not a public service vehicle (PSV). The 1st respondent did not have authority of the 2nd respondent to carry any passengers.…

…Retirement age at the time was 60 years, and if he were in paid employment, whether in public service or private sector, he would have, for public service, continued working for 6 years, and in the private sector for 10 or…

…In Okiya Omtatah Okoiti & another vs Public Service Commission & 73 others; Law Society of Kenya & another (Interested parties) [2021] eKLR, the court stated inter alia: For instance, the need for advertisement of positions…

…in the public service enhances transparency, the rule of law and procedural integrity.…

…They state that KAM 354U belongs to the 2nd Appellant, is used as a public service vehicle generating approximately Kshs. 5,000 daily, and constitutes their only source of livelihood.…

…On substantial loss, the evidence before this Court is that motor vehicle KAM 354U is a public service vehicle generating daily income for the 2nd Appellant.…

…E001 of 2026 restraining the Appellants whether by themselves, relatives, friends, their agents, servants and/or other persons from branding the Public Service Motor vehicles operated, owned and managed by the Defendants/…

…near similar colours and names as that of the Plaintiff/Applicant and in particular colour orange or shades of orange at the front with near similar name written in colour green at the front of the Defendants/Respondents’ public…

…The Application is supported by the affidavit of the Applicant’s County Secretary and Head of Public Service, Mr.…

…Some of the cases where the principle that costs follow the event has been applied include Laxmibhai versus Radhabai (1917), 42 Bom. 327, which is a decision cited with approval in Wambugu versus Public Service Commission…

…Service Board dated 25th February 2021 and the letter of deployment issued by the County Government of Vihiga dated 24th March 2021. 8.…

…It is emphasized that the letter relied upon was issued by a public body, the Vihiga County Public Service Board, was signed by both employer and employee, and was produced in evidence without objection and was never controverted…

…The Appellant's public service vehicle registration number KDB 034M, a 14-seater matatu, was lawfully parked at a stage awaiting passengers when the 1st Respondent's motor vehicle registration number KDD 081V, a Mitsubishi…

…service vehicle plying the Kisumu–Kitale route from which the Appellant earned a daily income of Kshs 6,000/=. 9.…

…The 1st Respondent in their submissions cited the case of Charania vs Raj Metals Limited & another (Civil Case E161 of 2019) and Muriithi vs Public Service Commission & 2 others; Rotich & 3 others and submitted that no prejudice…

…prohibited from ferrying passengers - the respondent cited John Kibicho Thirima V Emanuel Passmei Mkoitiko [2017] eKLR to the effect that - “there is no law that stipulates that for liability to attach, the vehicle must be a public…

…service vehicle or that the passengers must be fare – paying… the defendant never pleaded/testified that there was any prohibition for him as the owner of the accident motor vehicle to carry any passengers in that vehicle…

…and led to the accident was a clear pointer to the Appellant’s negligent omission to maintain his vehicle and keep it in good condition for safe usage on the road, more so considering that the vehicle was for usage as a public…

…service vehicle [matatu]. 12.…

…THAT the Respondent continue to operate illegally using the said orders and not complying with the National Transport and Safety Authority (operation of the Public Service Regulations) 2014.…

…Issuing ex parte orders prior to the scheduled mention date; c) Facilitating execution of a decree that had allegedly been fully satisfied; d) Failing to safeguard public property and adhere to constitutional principles of public…

…service; e) Declining to treat the Appellant’s application for stay of execution as urgent; f) Finalizing proceedings on a date when the Appellant was not expected to be present; g) Creating procedural unfairness and exposing…

…In its defence the Respondents speculated that either the deceased or the Public Service Vehicle, KCS 309F contributed to the accident.…