Republic v County Government of Nakuru & another; James Mwangi Muraya (Ex parte) [2020] KEELRC 1019 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1019
- Citation
- [2020] KEELRC 1019 (KLR)
- Decided
- 27 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for MandamusPostureAppeal from an original trial decisionCoramM. MBARU JUDGE
Holding
The application is premature and the Notice of Motion is hereby struck out.
Facts
The ex-parte applicant, James Mwangi Muraya, was awarded salary arrears, accrued overtime, and lap trust contributions totaling Ksh.617,432.60 in Nakuru ELRC Cause No.124 of 2016. The respondents have not complied with the judgment.
Issues
- Whether the respondents are in compliance with the judgment.
- Whether the court can issue an order of mandamus to compel the respondents to comply with the judgment.
Reasoning
The court finds the ex-parte applicant has not fully complied with the legal requirements for an order of mandamus and the procedures outlined under section 21 of the Government Proceedings Act are not sufficient to compel the respondents to comply with the judgment.
Outcome
The application is dismissed.
Orders
- The Notice of Motion is hereby struck out.
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Government Proceedings Act
- Civil Procedure Rules
Cases cited (2)
- Republic versus County Secretary Migori County Government & another [2019] eKLR
- nal Co. 111 ER and R vs. The Bristol and Exeter Railway Co 114 ER 859
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.
Loading judgment…