REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI CAUSE NO. E144 OF 2025 (Before Hon. Lady Justice Agnes Kitiku Nzei) LUCY MMBONE LUCHINGA ........................PLAINTIFF VERSUS BORDERLESS TRACKING LIMITED ......1ST DEFENDANT SAFETRAC LIMITED ......................... 2ND DEFENDANT BORDERLESS SPA ........................... 3RD DEFENDANT DRAFT AURA RESTAURANT ......................... 4TH DEFENDANT PETER ECHESSAH ............................ 5TH DEFENDANT RULING 1. Parties herein filed a written consent dated 30 th April, 2026, settling all the issues in the suit herein save for the issue of costs, which they consented should be determined by the Court. A consent Judgment was entered by the Court on 4 th May, 2026 in terms of the said filed consent. RULING Nairobi ELRC Cause No. E144 of 2025 1 of 5
page 1 of 5
2. The creed of the said Consent Judgment was that the 1 st Respondent pays the Claimant the claimed sum of Kshs.730,000/=; by instalments as set out in the said Judgment. Paragraph 4 of the Consent Judgment states:“4. Costs to be determined by this Honourable Court”. 3. This Court is seized of Jurisdiction to award costs in proceedings before it. Section 12 (4) of the Employment and Labour Relations Court Act provides as follows:“(4) In proceedings under this Act, the court DRAFT may, subject to the Rules, make such orders as to costs as the Court considers just”. 4. Rule 70(1) & (2) of the Employment and Labour Relations Court (Procedure) Rules 2024 provides as follows:“(1) The Court shall be guided by Section 12(4) of the Act and the Advocates (Remuneration) Order in awarding costs. (2) A Party and Party bill of costs shall be filed in the main suit”. RULING Nairobi ELRC Cause No. E144 of 2025 2 of 5
page 2 of 5
5. Section 27 of the Civil Procedure Act, on the other hand, provides as follows:“(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the Court or Judge, and the Court or Judge shall have full power to determine by whom and out of what property and to what extend such costs are to be paid, and to give all necessary DRAFT directions for the purposes aforesaid; and the fact that the Court or Judge has no jurisdiction to try the suit shall be no bar to the exercise of those powers: Provided that the costs of any action, cause or other matter or issue shall follow the event unless the Court or Judge shall for good reason otherwise order. RULING Nairobi ELRC Cause No. E144 of 2025 3 of 5
page 3 of 5
(2) The Court or Judge may give interest on costs at any rate not exceeding fourteen percent per annum, and such interest shall be added to the costs and shall be recoverable as such”. 6. The foregoing is the law. Costs must always follow the event, unless the Court, for good reason, orders otherwise. The event in the present suit was entry of a Consent Judgment for the Claimant against the 1st Respondent. No reason, good or otherwise, has been given to the Court, either by way of an affidavit or otherwise, as to why costs DRAFT should not follow the event. 7. In the circumstances, I order that costs of the suit herein shall be paid by the 1st Respondent to the Claimant, and that the same shall be taxed if the Claimant and the 1st Respondent do not agree on the same within thirty days of this Ruling. 8. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS RULING Nairobi ELRC Cause No. E144 of 2025 4 of 5
page 4 of 5
25TH DAY OF SEPTEMBER 2026 AGNES KITIKU NZEI JUDGE ORDER This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees. AGNES KITIKU NZEI DRAFT JUDGE Appearance: Miss Kimathi for the Claimant Mr. D. Makau Respondents RULING Nairobi ELRC Cause No. E144 of 2025 5 of 5
page 5 of 5