Clerk, Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2020] KEELRC 549 (KLR)
The bottom line
#Kenya's Employment Court confirmed the Nairobi Assembly Clerk's reinstatement and declared any appointment made in breach of its orders null and void.
What this practically means
#Executive summary
#Key legal issues
#Compliance with the consent orders of 30 October 2019 reinstating the petitioner as Clerk
The court confirmed Makau J's ruling of 20 December 2019 directing compliance with the consent orders, noting no orders setting aside that ruling existed
Makau J had directed parties to comply with the consent orders reinstating the petitioner as Clerk pending the petition's determination. Since no orders setting aside that ruling had been issued, the court confirmed the ruling and directed compliance, which also settled the applications of 30 July 2020 and 26 July 2020.
Who is the proper petitioner
Muvengei Jacob Ngwele, as Clerk, is the petitioner and the only person who can instruct counsel
The court found that the Clerk, Muvengei Jacob Ngwele, filed the petition in the name of the office to preserve the positions of persons named in the petition. With the issues of the other persons settled, only the position of the Clerk remained for determination, so only Ngwele could instruct counsel and the issue of withdrawal of the petition was settled.
Necessity of the interested parties
All interested parties were discharged as unnecessary for the final determination of the petition
In view of the ruling of 15 November 2019, the five named interested parties were no longer necessary, and all other interested parties were likewise discharged as not necessary for the final determination of the petition.
Legal principles established
#- A party cannot circumvent subsisting court orders by making an appointment that violates them; such an appointment is null and void
- A petition filed in the name of an office is properly prosecuted by the office-holder, who alone can instruct counsel
Court orders
#- 1.Confirmed the ruling dated 20 December 2019 of Makau J. directing compliance with the consent orders of 30 October 2019 reinstating the petitioner as Clerk pending hearing and determination of the petition
- 2.Dismissed the application dated 30 July 2020 by Nairobi City County Assembly and Edward Ombwoni Gichana to be enjoined as interested parties, Gichana's appointment being null and void for violation of court orders
- 3.Settled the Petitioner's application dated 26 July 2020 seeking enforcement of orders confirming him as Clerk pending determination of the petition
- 4.Discharged the five named interested parties (Orange Democratic Party, Jubilee Party, Hon. Abdi Hassan Guyo, Hon. Maurice Gari, Hon. Mark Ndung'u) and all other interested parties from further proceedings
- 5.Declared that Muvengei Jacob Ngwele is the only person who can instruct Counsel to represent the Petitioner
- 6.Stayed Petition No. 71 of 2020
- 7.Directed filing and highlighting of submissions on a fixed timetable, with judgment on 16 October 2020
- 8.Stayed all applications in the file
- 9.Directed Muvengei Jacob Ngwele to step aside and the Deputy Clerk to take over the functions of the Clerk until the petition is determined
- Jurisdiction invoked
- Articles 10, 27, 28, 29, 41, 47 and 236 of the Constitution of Kenya, 2010, under the Constitution of Kenya (Protection of Rights and Freedoms) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Clerk, Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2020] KEELRC 549 (KLR)", Case Analysis (2020). Petition No. 194 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/549/eng@2020-08-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.