REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Civil Appli 721 of 2007 IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW AND IN THE MATTER OF TRADE UNIONS ACT CAP 233 LAWS OF KENYA AND IN THE MATTER OF LAW REFORM ACT CAP 26 LAWS OF KENYA AND IN THE MATTER OF NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES REPUBLIC…………………………...................................…………………………….APPLICANT VERSUS THE REGISTRAR OF TRADE UNIONS................................................................RESPONDENT Ex-Parte ELIJAH OTIENO AWACHA...........................................................................................APPLICANT NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES......INTERESTED PARTY JUDGMENT The application before me is dated 13th July 2007 and seeks judicial review orders of certiorari, prohibition and mandamus. I have considered the affidavits filed by all the parties including written submissions and oral submissions by Counsel. It is common ground that after the hearing was finalised on 22nd February 2008 the Court posed to Counsel, a question concerning the current status of the register at the Registrar of Trade Unions and it was revealed to the Court that some of the Respondents were not the current officials. Counsel requested
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time to consider their positions. After this several mentions were fixed and a hearing a date was finally fixed for 29th October, 2008 and neither the Applicant nor the Respondent Counsel appeared. Only the Interested Party’s Counsel appeared. In view of the well known maxim that a court of law never acts in vain, it is clear to the Court that the application has been overtaken by events. I cannot give a hanging decision that is not based on the factual position on the ground. In the result the application is dismissed and in the circumstances I decline to award any costs. DATED and delivered at Nairobi this 5th day of December, 2008. J. G. NYAMU JUDGE
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