Association of Muslim Lawyers & another v Governor, County Government of Nairobi & 2 others (Civil Application E448 of 2022) [2023] KECA 545 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 545
- Citation
- [2023] KECA 545 (KLR)
- Decided
- 12 May 2023
The court declines to award costs to the respondents and orders that each party bears its own costs.
Facts
The Association of Muslim Lawyers and the Nubian Rights Forum filed an application seeking a stay of execution of the Employment & Labour Relations Court's ruling and orders dated November 30, 2022, in ELRC Petition No. E184 of 2022. They also sought an injunction to restrain the respondents from vetting, approving, or appointing nominees of the County Executive Committee (CEC) Members, County Secretary, and senior advisors of the Governor of Nairobi.
Issues
- Whether the application for stay of execution and injunction should be granted
- Whether the respondents should be ordered to bear the costs of the application
Reasoning
The court found that the application was made to protect public interest and not for personal benefit, and thus, the ends of justice would be better served by declining to award costs.
Outcome
The application for stay of execution and injunction is dismissed, and each party bears its own costs.
Orders
- Decline to award costs to the respondents
- Order that each party bears its own costs
Loading judgment…