Kenya County Government Workers Union v Migori County Government [2019] KEELRC 34 (KLR)
The bottom line
#Migori County lost its bid to escape a Kshs 134.7 million staff salary debt because it had already agreed to pay it in a court-approved settlement.
What this practically means
#Executive summary
#Key legal issues
#Whether subsequent Gazette Notices Nos. 858 and 2701 of 2017 render the consent judgment voidable and settable aside
No; the applicant did not demonstrate that the consent judgment violated the subsequent legislation on settlement of liabilities of defunct local authorities
The court noted the applicant itself presented the debt to the County Assets and Liabilities Committee, which verified it without dispute. The County had budgeted for the arrear salaries, the budgetary request was submitted for approval, and no queries or rejection were shown. Partial settlement had occurred. The consent judgment predated the legislation and all necessary steps under the new procedure had been taken by the respondent.
Whether grounds exist to set aside a consent judgment
None of the recognized grounds - fraud, collusion, violation of court policy, insufficient material facts or misapprehension - were established
Applying Brooke Bond (T) Limited v Mallya as quoted in Goodman Agencies Ltd v Attorney General, the court found nothing that would have hampered entry of the consent judgment at the time it was made. The consent was entered into willingly and had been partially settled, with the balance lawfully budgeted for.
Whether County Secretary, County Government of Kakamega v Republic Exparte Ali Adan applies
Distinguishable; the Court of Appeal in that case did not address setting aside a partially settled consent judgment with budgetary approval obtained
The court held that the Kakamega decision concerned mandamus and the authority of a county government to make payment, and predated consideration of the new liabilities-settlement procedure. The consent judgment here was entered before that legislation and the respondent had taken all necessary steps to validate it under the new regime.
Legal principles established
#- A consent judgment entered with the consent of counsel is binding and cannot be varied or discharged unless obtained by fraud, collusion, agreement contrary to court policy, or where given without sufficient material facts or in misapprehension of them
Court orders
#- 1.The application is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over the suit in which the application was brought (Kisumu ELRC Cause No. 370 of 2015 consent judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union v Migori County Government [2019] KEELRC 34 (KLR)", Case Analysis (2019). Notice of Motion dated 15th October 2018 (arising from Kisumu ELRC Cause No. 370 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/34/eng@2019-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.