Wambugu & 5 others v County Public Service Board, Kirinyaga County (Petition 6, 7, 8, 9, 10 & 11 of 2019 (Consolidated)) [2023] KEELRC 638 (KLR) (3 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 638
- Citation
- [2023] KEELRC 638 (KLR)
- Decided
- 3 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent's application dismissedCoramONESMUS N. MAKAU
Holding
Application dismissed with costs
Facts
Petitioners sought to commit County Public Service Board members to civil jail for failing to comply with a previous court judgment.
Issues
- Whether the application is premature and fatally incompetent.
- Whether the application should be allowed.
Reasoning
Application seeks to execute a decree against the government, which is barred by the Government Proceeding Act. The only remedy is to file judicial review proceedings for an order of mandamus.
Outcome
Dismissed
Orders
- Application dismissed with costs
Remedies
- Execution through judicial review proceedings for an order of mandamus
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Government Proceeding Act
Cases cited (4)
- Stephen Wanyee Roki v K-Rep Bank Ltd & 2 others (2016) eKLR
- Kilimanjaro Safari Club Ltd v Governor-Kajiado County (in place of County of Ol Kejuado (2014) eKLR
- Republic v Attorney General & Another, Exparte Stephen Wanyee Roki (2016)eKLR
- Republic v County Secretary, Nairobi City County & another, Exparte Wachira Nderitu Ngugi & Co Advocates (2016) eKLR
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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