Mary Wairimu Gitindi v Kenya National Union of Nurses; Upstate Kenya Auctioneers (Interested Party) [2019] KEELRC 1644 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1644
- Citation
- [2019] KEELRC 1644 (KLR)
- Decided
- 24 May 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureRespondent/Applicant seeks to set aside the certificate of costs, Claimant/Respondent asserts the application is res judicata.CoramNzioki wa Makau
Holding
The motion is devoid of merit, an abuse of the court process, and is dismissed with costs to the Claimant.
Facts
The Respondent/Applicant seeks to review the taxed costs and prevent the auctioneer from levying execution, which would attach the Respondent’s computers and risk electronic data loss. The Claimant/Respondent asserts the costs were properly taxed and the application is res judicata.
Issues
- Review of taxed costs
- Res judicata
Reasoning
The application is res judicata as the issue has been adjudicated by a competent court and cannot be pursued further. The ex parte taxation of costs was arbitrary and contrary to the principles of natural justice.
Outcome
Dismissed with costs to the Claimant
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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