Abdille & another v Deputy County Commisioner Wajir South Sub-County & 3 others; Ethics and Anti-Corruption Commission & 3 others (Interested Parties) (Employment and Labour Relations Petition E028 of 2025) [2025] KEELRC 1684 (KLR) (9 June 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1684
- Citation
- [2025] KEELRC 1684 (KLR)
- Decided
- 9 June 2025
The court declines to grant interim orders to stay the Respondents' decision and to restrain the 2nd Interested Party from assuming office, as the orders have already taken place and would pre-empt final orders of the court.
Facts
The Petitioners filed a Notice of Motion seeking orders to stay the Respondents' decision regarding the appointment of a 2nd Interested Party as Chief II Burder Location, Diif Sub-County Wajir County. The 2nd Interested Party assumed office on 12th February 2025.
Issues
- Stay of Respondents' decision regarding the appointment of the 2nd Interested Party
- Interim orders restraining the 2nd Interested Party from assuming office and discharging the mandate
Reasoning
The court examined the parties' submissions and found that the orders sought by the applicants have already been implemented and would not be stayed. The court also noted that granting interim orders would pre-empt final orders and could lead to a miscarriage of justice.
Outcome
The court declines to grant interim orders.
Orders
- Allowing the prayer for submission of documents sought in prayer 6 of the application to be supplied within 30 days from the date of this ruling.
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