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ELRCDismissedNotice of Motion dated 27.1.2021· [2021] KEELRC 965 (KLR)
Hayanga & 45 others v Kenya Meteorological Department & 3 others (Cause E071 of 2021) [2021] KEELRC 965 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan employment court dismissed a bid for interim subsistence and transport payments because the temporary orders sought had already been overtaken by events.
What this practically means
#Executive summary
#The claimants, County Directors of Meteorological Services represented by Mr. Samason Hayanga, filed a Notice of Motion dated 27 January 2021 in the Employment and Labour Relations Court at Nairobi, seeking a mandatory order directing each respondent to approve payment of subsistence allowance and transport pending the inter-parties hearing of the application, together with costs. The application was supported by an affidavit sworn by Mr. Samason Hayanga on 27 January 2021. The respondents, through Ms. Stella Aura, opposed it by affidavits sworn on 29 April 2021 and 27 May 2021. Justice Onesmus N Makau held that none of the orders sought was capable of being granted because they were overtaken by events: the orders were interim in nature, meant to last only until the inter-parties hearing, and had never been granted by the court in the first instance. The court accordingly found the application to lack merit and rejected it with no order as to costs. The judgment was delivered online on 23 September 2021 in line with Covid-19 court-operations directives, with the parties' consent and waiver of Rule 28(3) of the ELRC Procedure Rules. The ruling determines only the interlocutory application; no final orders on the underlying claim are recorded in this judgment.
Key legal issues
#01
Whether interim/mandatory orders sought on a pending application can still issue
Holding
No - the orders were overtaken by events and the application lacked merit
Reasoning
The orders sought were interlocutory in nature, meant to last only pending the inter-parties hearing of the application. They were never granted by the court in the first instance, and by the time of determination the interim stage had passed, rendering the relief incapable of being granted. The application was therefore without merit.
p. 1
Legal principles established
#- Interim orders that were never granted and whose purpose has lapsed with the passage of time cannot be granted as they are overtaken by events
Court orders
#- 1.The Notice of Motion dated 27.1.2021 is rejected with no order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction (ELRC Procedure Rules referenced); no specific constitutional provision stated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hayanga & 45 others v Kenya Meteorological Department & 3 others (Cause E071 of 2021) [2021] KEELRC 965 (KLR)", Case Analysis (2021). Notice of Motion dated 27.1.2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/965/eng@2021-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.