Achuti & 28 others v County Government of Nakuru & another (Miscellaneous Application E026 of 2024) [2024] KEELRC 13409 (KLR) (6 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13409
- Citation
- [2024] KEELRC 13409 (KLR)
- Decided
- 6 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a High Court orderCoramAN MWAURE
Holding
The preliminary objection is merited and allowed
Facts
The applicants filed a motion seeking orders for salary and gratuity payments, while the respondents filed preliminary objections and a stay of proceedings.
Issues
- Whether the preliminary objections are merited
- Proper procedure in execution against the government
Reasoning
The court held that the applicants did not follow due process and did not present a certificate of costs, and that a stay order should be respected before execution can proceed.
Outcome
The preliminary objection is allowed
Orders
- Costs of the preliminary objection to be in the cause
Authorities cited
Legislation (2)
- Government Proceedings Act
- Civil Procedure Rules
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd V West End Distributors Ltd.
- Independent Electoral & Boundaries Commission V Jane Cheperenger & 2 Others
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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