Mwakuyu & 12 others v Taita Taveta County Government & another (Cause 11 of 2019) [2022] KEELRC 1493 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown to avoid dismissal for want of prosecution under Rule 16 of the ELRC (Procedure) Rules 2016
Sufficient cause was shown; the delay was occasioned by related proceedings before the Court of Appeal and the Public Service Commission, including consent orders and pending contempt and reinstatement applications.
The Court reviewed Rule 16, the show-cause affidavit of the 1st Claimant detailing interim orders of March 2019, the consent of May 6, 2019 before the Court of Appeal, the dismissed appeal and pending applications, and the Respondents' own concession that they were not opposed to the suit being sustained. It concluded the Claimants had not failed to prosecute the suit and declined dismissal, subject to a twelve-month prosecution direction.
Whether the suit is overtaken by events given the PSC proceedings and recruitment of new officers
That contention is a factual matter that cannot be resolved on a notice to show cause; it awaits trial evidence.
The Respondents argued the claim was overtaken by events under Article 232 of the Constitution, the Public Service Act and Section 77 of the County Governments Act, and that new officers had served for three years. The Court held such a factual assertion could only be determined upon presentation of evidence if the suit proceeds to trial, and noted nothing barring the Claimants from prosecuting the suit if they wish.
Legal principles established
#- A contention that a suit has been overtaken by events is an issue of fact determinable only at trial upon evidence, not on a notice to show cause
- Where interim and related proceedings (stay applications, appeals, PSC proceedings) explain the delay, sufficient cause is shown and the suit should not be dismissed for want of prosecution
Court orders
#- 1.The Court declined to dismiss the suit for want of prosecution
- 2.The Claimants were directed to prosecute the suit within twelve months from the date of the ruling, failing which the suit shall stand dismissed for want of prosecution
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules 2016, Rule 16
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwakuyu & 12 others v Taita Taveta County Government & another (Cause 11 of 2019) [2022] KEELRC 1493 (KLR)", Case Analysis (2022). ELRC Cause at Mombasa, Suit filed March 8, 2019 (Memorandum of Claim dated March 7, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1493/eng@2022-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.