REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. E071 OF 2021 SAMSON HAYANGA & 45 OTHERS...........................................................CLAIMANT -VERSUSKENYA METEOROLOGICAL DEPARTMENT.............................1 ST RESPONDENT MINISTRY OF ENVIRONMENT & FORESTRY...........................2NDRESPONDENT PUBLIC SERVICE COMMISSION..................................................3 RD RESPONDENT THE NATIONAL TREASURY...........................................................4 TH RESPONDENT THE HON. ATTORNEY GENERAL................................................5 TH RESPONDENT RULING 1. The Claimants filed a Notice of Motion dated 27.1.2021 seeking the following orders: a. That the application be certified urgent. b. That pending the hearing and determination of the application, a mandatory order do issue directing each of the respondent to directly approve the payment of subsistence allowance and transport for the County Directors of Meteorological Services (CDMS) Claimants/applicants herein. c. That the respondents do bear the costs of this application. 2. The application is based on grounds set out on the body of the motion and it is supported by the Affidavit sworn by Mr. Samason Hayanga on 27.1.2021. The respondents have opposed the application by the Affidavits sworn by Ms. Stella Aura on 29.4.2021 and 27.5.2021. 3. Having carefully read and considered the orders sought by the application, it is clear that none is capable of being granted at this stage since they are overtaken by events. The orders sought against every respondent were to last pending the inter-parties hearing of the application. 4. The orders were never granted by the court in the first instance and as such they are now overtaken by events. 5. Consequently, the application lacks merits and it is rejected with no order as to costs. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2021. ONESMUS N MAKAU JUDGE ORDER
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In view of the declaration of measures restricting court operations due to the Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th April 2020, this judgment has been delivered to the parties online with their consent, the parties having waived compliance with Rule 28(3) of the ELRC Procedure Rules which requires that all judgments and rulings shall be dated, signed and delivered in the open court. ONESMUS N. MAKAU JUDGE
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