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ELRCOtherNot stated in the extract provided· [2024] KEELRC 875 (KLR)
Republic v Clerk, County Assembly of Homa Bay & 2 others; Nyambok & another (Interested Parties); Nyangi & another (Exparte Applicants) (Judicial Review Application 5 of 2020) [2024] KEELRC 875 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This short ruling by the Employment and Labour Relations Court at Kisumu arises from the aftermath of a judicial review suit dismissed with costs on 11 December 2020. The 2nd Respondent's Bill of Costs was taxed on 26 April 2023, and in November 2023 the 2nd Respondent applied for execution. The Deputy Registrar marked the application to be placed before Radido Stephen, J, on 11 December 2023, but neither the parties nor a pending application warranted the judge's attention, and the matter was adjourned to 5 February 2024. On that date the court was informed the parties had agreed to liquidate the costs in instalments; a consent was directed to be filed. Despite appearances on 15 February, 6 March and 12 March 2024, no consent was filed, prompting the court to deliver this ruling. The judge held that under Order 22 of the Civil Procedure Rules and the court's practice, execution proceedings are primarily the jurisdiction of the Deputy Registrar, and that the Registry erred in referring the execution application to the Court. The court directed that the file be placed before the Deputy Registrar for further proceedings. The ruling was delivered virtually, dated and signed in Kisumu on 24 April 2024. No costs order was made in the ruling itself; the ex-parte applicants, 1st and 3rd Respondents did not participate, and only the 2nd Respondent, through Mr Otieno of Owiti, Otieno & Ragot Advocates, appeared.
Key legal issues
#01
Proper forum for execution proceedings following taxation of costs
Holding
Execution is primarily the Deputy Registrar's jurisdiction; referral of the execution application to the judge was an error
Reasoning
The court traced the history: dismissal of the judicial review motion with costs, taxation of the 2nd Respondent's Bill of Costs, and the 2nd Respondent's application for execution which the Deputy Registrar marked to be placed before the judge. Applying Order 22 of the Civil Procedure Rules and court practice, the judge held that execution proceedings belong to the Deputy Registrar, making the referral to the court an error, and directed the file be returned there.
p. 2
Legal principles established
#- Execution proceedings are primarily within the jurisdiction of the Deputy Registrar, and it is an error for the Registry to refer an application for execution to the judge.
Court orders
#- 1.The file be placed before the Deputy Registrar for further proceedings
- Jurisdiction invoked
- Original judicial review jurisdiction of the Employment and Labour Relations Court; execution governed by Order 22 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Clerk, County Assembly of Homa Bay & 2 others; Nyambok & another (Interested Parties); Nyangi & another (Exparte Applicants) (Judicial Review Application 5 of 2020) [2024] KEELRC 875 (KLR)", Case Analysis (2024). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/875/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.