Muchiri v African Agricultural Technology Foundation (AATF) & another (Employment and Labour Relations Cause 663 of 2019) [2024] KEELRC 2696 (KLR)
The bottom line
#Kenya's Employment Court lifted a stay of execution after a Notice to Produce was withdrawn, deferring all costs to the ongoing main suit.
What this practically means
#Executive summary
#Key legal issues
#Whether the review jurisdiction under Section 16 of the ELRC Act and Rule 74(1) was engaged
The court allowed the application, finding the respondents did not dispute the withdrawal of the Notice to Produce, justifying setting aside the stay orders of 16th June 2023
Section 16 of the ELRC Act empowers the court to review its judgments, awards, orders or decrees in accordance with the Rules, and Rule 74(1) prescribes the grounds (new matter, error apparent, clarification, or other sufficient reason). Since the applicant had withdrawn the Notice to Produce and the respondents did not object, the appeal and stay were overtaken by events, constituting sufficient reason to vacate the stay order and allow the substantive claim to proceed.
Who should bear the costs of the application, the Notice to Produce and its withdrawal
Costs were not awarded immediately; they were ordered to abate in the main suit
Although costs follow the event, the discretion is judicious and case-specific. The applicant delayed her own suit filed in 2019 and the respondent incurred costs, but the appeal was never scheduled for hearing and was overtaken by the withdrawal. Since the substantive suit continues, the court deferred the question of costs to the main suit rather than awarding them to either party at the interlocutory stage.
Legal principles established
#- Costs follow the event, but the award remains a judiciously exercised discretion of the court accommodating the special circumstances of the case
- A party's right to withdraw a matter before the court cannot be taken away; the court may only make an order as to costs where appropriate
Court orders
#- 1.The application dated 31st May 2024 is allowed
- 2.The orders made on 16th June 2023 (stay of execution pending appeal) are vacated, reviewed and/or set aside
- 3.The suit be given a mention date for purposes of pre-trial conference
- 4.Costs of the application, the Notice to Produce and the Notice of Withdrawal to abate in the main suit
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act; Rule 74(1) of the Employment and Labour Relations Court (Procedure) Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muchiri v African Agricultural Technology Foundation (AATF) & another (Employment and Labour Relations Cause 663 of 2019) [2024] KEELRC 2696 (KLR)", Case Analysis (2024). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2696/eng@2024-10-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.