Ogaro v Nyayo Tea Zones Development Corporation & another (Petition E178 of 2024) [2025] KEELRC 458 (KLR)

Ogaro v Nyayo Tea Zones Development Corporation & another (Petition E178 of 2024) [2025] KEELRC 458 (KLR) (21 February 2025) (Ruling) Neutral citation: [2025] KEELRC 458 (KLR) REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI PETITION E178 OF 2024 B ONGAYA, J FEBRUARY 21, 2025 BETWEEN BRIAN OMOKE OGARO ..................................................................... PETITIONER AND NYAYO TEA ZONES DEVELOPMENT CORPORATION ...... 1ST RESPONDENT PUBLIC SERVICE COMMISSION .............................................. 2ND RESPONDENT RULING 1. The petitioner and the 1st respondent recorded a consent in Court on 17.12.2024 allowing the impugned recruitment to proceed with participation of the petitioner. The petition was marked settled accordingly subject to parties submitting on the issue of costs of the petition. 2. Yeli & Company Advocates for the 1st respondent submit that in view of the consent settling the dispute and in promotion of amicable relationship between the parties, each party to bear own costs. It is submitted for the 1st respondent that the Court should consider that the 1st respondent lost time when an interim order stopping the recruitment in issue was in place and prior to parties recording a consent. 3. Mr. Namada Simoni Advocate for the petitioner submits that interim order issued demonstrated that the petitioner had a meritorious case. Further, the 1st respondent was obligated to ensure that the recruitment was in accordance with the law. 4. The Court has considered the rival submissions and returns that parties having compromised the dispute and the parties being in a continuing relationship including the petitioner’s participation in the recruitment process, and, the terms of the settlement consent order being in favour of the petitioner, Kshs. 50,000.00 being in favour of the petitioner and payable by April 1, 2025 as partial costs will balance justice for the parties. Orders to issue accordingly. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/458/eng@2025-02-21 1

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