Onyango & 22 others v Nakuru County Government & 2 others (Miscellaneous Application E005 of 2021) [2023] KEELRC 409 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to award costs because the dispute had been settled by consent, showing settlement usually means no one gets costs.
What this practically means
#Executive summary
#Key legal issues
#Whether costs should be awarded following dismissal of an application where the ruling was silent on costs
The application for costs was dismissed; the court had deliberately exercised its discretion not to award costs and saw no reason to depart from that position, particularly given ongoing negotiations and a consent covering costs
Section 27(1) of the Civil Procedure Act makes costs a discretionary remedy that follows the event unless the court for good reason orders otherwise. The court noted that the respondents/applicants had repeatedly intimated the matter was under negotiation, dragging the application, and that the dispute was ultimately compromised by a consent filed December 9, 2021 in which each party was to bear its own costs. The silence in the November 30, 2021 ruling was a conscious exercise of discretion which the court would not revisit.
Legal principles established
#- Costs of and incidental to suits are in the discretion of the court, and costs follow the event unless the court for good reason otherwise orders
- A court may depart from the rule that costs follow the event for reasons including the conduct of the parties, the issue under consideration, and the events leading to dismissal
- Where a dispute is compromised by consent including a provision on costs, a party cannot thereafter demand costs
Court orders
#- 1.The respondents' notice of motion dated October 18, 2022 seeking costs is dismissed
- 2.No order of costs
- Jurisdiction invoked
- Sections 1A, 3A & 27 of the Civil Procedure Act and Order 27 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango & 22 others v Nakuru County Government & 2 others (Miscellaneous Application E005 of 2021) [2023] KEELRC 409 (KLR)", Case Analysis (2023). Misc Application No E005 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/409/eng@2023-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.