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ELRCDismissedNot stated in the judgment· [2022] KEELRC 1556 (KLR)

Kenya Council of Employment and Migrations Agencies v Kenya Literature of Bureau & 3 others; Baya & 2 others (Interested Parties) (Petition 35 of 2016) [2022] KEELRC 1556 (KLR)

Employment and Labour Relations Court
2 June 2022
425 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This short ruling of the Employment and Labour Relations Court at Nairobi, delivered by Mathews N. Nduma, J on June 2, 2022, dealt with an application dated November 11, 2021 in which the applicant sought to have the court endorse an alleged consent by the parties on the issue of costs, said to have been recorded before the Deputy Registrar. The underlying petition had been marked as settled and the file closed on May 26, 2021, with the parties unable to agree on costs; the court had then directed a mention before the Deputy Registrar to record a consent on costs and/or taxation on June 8, 2021. The application was opposed by the respondents' advocate, Alfred Ochieng Opiyo, who deposed that it was misguided and an abuse of court process because no consent on costs had ever been recorded; the office of the Attorney General expressed the same view. On a perusal of the record the court found no consent on costs, no filed or taxed bill of costs, and noted that the matter had in fact been disposed of by a ruling of the Deputy Registrar dated August 6, 2021. The court concluded that the application was an abuse of court process and a waste of the court's time and dismissed it with costs to the applicants. The ruling was delivered online with the parties' consent pursuant to the COVID-19 directives, the parties waiving compliance with Order 21 rule 1 of the Civil Procedure Rules. The case number and party names are not stated in the judgment.

Key legal issues

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01

Whether a consent on costs existed that the court could endorse

Holding

No consent on costs was recorded on the file; the matter had been disposed of by the Deputy Registrar's ruling of August 6, 2021 and no bill of costs had been filed or taxed, so there was nothing for the court to endorse

Reasoning

The court reviewed its own record of the May 26, 2021 mention at which only a direction for further mention before the Deputy Registrar was made. The record contained no recorded consent and no taxation. The respondents' advocate and the Attorney General's office both confirmed before the court that no consent existed. On that basis the application was found to be misguided, an abuse of process and a waste of judicial time, and was dismissed with costs.

p. 2
02

Whether the application amounted to an abuse of court process

Holding

Yes - the application seeking endorsement of a non-existent consent was dismissed as an abuse of court process

Reasoning

The respondents' advocate deposed that the application was misguided and an abuse of court process since no consent had ever been recorded. The court's own perusal of the record confirmed the absence of any consent or taxed bill. The court adopted that characterization and dismissed the application with costs, citing the waste of valuable court time.

p. 2

Legal principles established

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  • An application seeking endorsement of a consent that does not appear on the court record amounts to an abuse of court process and a waste of the court's time

Court orders

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  1. 1.The application dated November 11, 2021 is dismissed with costs to the applicants
  2. 2.The Ruling was delivered online with the parties' consent, waiving compliance with Order 21 rule 1 of the Civil Procedure Rules

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 18
  • Civil Procedure RulesOrder 21 rule 1
Jurisdiction invoked
Not expressly stated; the court cites Article 159(2)(d) and Article 48 of the Constitution and Section 18 of the Civil Procedure Act for delivery of the ruling online

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Council of Employment and Migrations Agencies v Kenya Literature of Bureau & 3 others; Baya & 2 others (Interested Parties) (Petition 35 of 2016) [2022] KEELRC 1556 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1556/eng@2022-06-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.