Republic v Speaker, County Assembly of Homa Bay & 2 others Ex Parte Ramos Fidel & another; Daniel Odhiambo Kaudo (Interested Party) [2020] KEELRC 130 (KLR)
The bottom line
#The Employment and Labour Relations Court dismissed a judicial review case because the applicants missed deadlines, skipped required documents, and appeared to be forum shopping.
What this practically means
#Executive summary
#Key legal issues
#Competency of the substantive Motion filed out of time without leave
The Motion was incompetent as it was filed outside the 10-day window and without leave, and was not accompanied by the Statutory Statement and affidavits filed at leave stage
The leave order directed that a substantive Motion be filed within 10 days. The applicants filed on 6 October 2020 without seeking extension or admission out of time. Further, Order 53 requires the Motion to be accompanied by the Statutory Statement and affidavits, which were absent. These omissions rendered the proceedings incompetent.
Abuse of court process and discretionary refusal of judicial review relief
The proceedings were an abuse of process; relief was refused in the court's discretion because the Clerk had already commenced earlier action and the applicants conveniently moved the Court in Eldoret outside the Kisumu jurisdictional limit
The Clerk of the County Assembly, on whose behalf the proceedings purportedly were instituted, had commenced action on 27 July 2020 to vindicate his own rights. The applicants must have been aware yet moved the Court in Eldoret rather than Kisumu. Applying Halsbury's Laws, discretionary remedies may be declined for undue delay, unmeritorious conduct or futility.
Legal principles established
#- Judicial review remedies are discretionary and may be declined on grounds of the applicant's conduct, delay, acquiescence, waiver or futility notwithstanding merits
Court orders
#- 1.The Notice of Motion dated 27 September 2020 and filed on 6 October 2020 is dismissed
- 2.Costs of the Motion to the Respondents
- Jurisdiction invoked
- Judicial review jurisdiction under Order 53 of the Civil Procedure Rules as exercised by the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Speaker, County Assembly of Homa Bay & 2 others Ex Parte Ramos Fidel & another; Daniel Odhiambo Kaudo (Interested Party) [2020] KEELRC 130 (KLR)", Case Analysis (2020). Kisumu Petition No. 27 of 2020 (consolidated with Kisumu Petition No. 32 of 2020; JR proceedings arising from ELRC Eldoret leave granted 8 September 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/130/eng@2020-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.