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)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a consent on costs existed that the court could endorse
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
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.
Whether the application amounted to an abuse of court process
Yes - the application seeking endorsement of a non-existent consent was dismissed as an abuse of court process
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.
Legal principles established
#- 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
#- 1.The application dated November 11, 2021 is dismissed with costs to the applicants
- 2.The Ruling was delivered online with the parties' consent, waiving compliance with Order 21 rule 1 of the Civil Procedure Rules
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.