Association of Kenya Medical Laboratory Scientific Officers & 3 others v Cabinet Secretary Ministry of Health & 2 others [2016] KEHC 828 (KLR)
- Court
- High Court of Kenya
- Case number
- 828
- Citation
- [2016] KEHC 828 (KLR)
- Decided
- 11 November 2016
The suit cannot be dismissed as the 1st plaintiff has only withdrawn the suit against the 2nd defendant, and the 2nd plaintiff has not withdrawn the suit against the defendants.
Facts
The plaintiffs filed a suit against the defendants accusing them of rejecting names of elected board members without any justifiable reason and illegally reviewing the election procedure. The 3rd and 4th plaintiffs withdrew the suit and application, but the 1st plaintiff only withdrew the suit against the 2nd defendant.
Issues
- Whether the suit stands dismissed following the withdrawals by the 1st, 3rd and 4th plaintiffs.
- Whether the suit and applications should proceed for hearing.
Reasoning
The court determined that the 3rd and 4th plaintiffs withdrew the suit and application, but the 1st plaintiff only withdrew the suit against the 2nd defendant. The court also noted that there are injunctive orders in place and it is too late to withdraw an application that had already been heard and determined.
Outcome
The suit and applications should proceed for hearing.
Orders
- The court cannot stop the 3rd and 4th plaintiffs from withdrawing the suit and application as filed against all the defendants.
- The 1st plaintiff has only withdrawn the suit against the 2nd defendant but not against the 1st and 3rd defendants.
- The 2nd plaintiff has not intimated that he is willing to withdraw the suit as filed against the defendants.
Loading judgment…