Ahmed & 3 others v Governor, Mandera County Government & 5 others; Elias & 32 others (Interested Parties) [2023] KEELRC 502 (KLR)
Full Case Text
Ahmed & 3 others v Governor, Mandera County Government & 5 others; Elias & 32 others (Interested Parties) (Petition E199 & E203 of 2022 (Consolidated)) [2023] KEELRC 502 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 502 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E199 & E203 of 2022 (Consolidated)
J Rika, J
February 28, 2023
Between
Abdullahi Mohammed Ahmed
1st Petitioner
Ibrahim Daud Bare
2nd Petitioner
Mohammed Abdi Adan
3rd Petitioner
Abdirahman Adan Hussein
4th Petitioner
and
Governor, Mandera County Government
1st Respondent
Mandera County Government
2nd Respondent
Clerk of the County Assembly, Mandera County
3rd Respondent
Speaker of the County Assembly, Mandera County
4th Respondent
County Assembly Committee of Appointment, Mandera County
5th Respondent
Mandera County Public Service Board
6th Respondent
and
Rahma Said Elias
Interested Party
Abdifatah Ibrahim Ogle
Interested Party
Mohamud Mohamed Ali
Interested Party
Muktar Issack Kassim
Interested Party
Yussuf Mohamed Kala
Interested Party
Hussein Yussuf Sheikh
Interested Party
Mohamed Khalif Adan
Interested Party
Zeitun Abdishakur Abdikarim
Interested Party
Hussein Abdirahman Sheikh
Interested Party
Adan Abdirahman Mohamed
Interested Party
Ibrahim Mohamed Ali
Interested Party
Abdikadir Mohamed Tache
Interested Party
Ibrahim Issack Nurow
Interested Party
Fartun Bulle Ibrahim
Interested Party
Kassim Yussuf Hassan
Interested Party
Halima Hassan Ali
Interested Party
Dr. Abdikadir Adan Alio
Interested Party
Hamdi Ahmed Mohamed
Interested Party
Farhiya Ali Abdullahi
Interested Party
Fatuma Abdi Hussein
Interested Party
Fatuma Mohamed Tiko
Interested Party
Adow Ibrahim Mohamed
Interested Party
Abukar Abdi Sheikh
Interested Party
Ahmed Abdullahi Aden
Interested Party
Abdulaziz Barre Hassan
Interested Party
Sahara Adow Aden
Interested Party
Ismail Omar Ibrahim
Interested Party
Zulenka Osman Maalim
Interested Party
Adan Maalim Abdullahi
Interested Party
Muad Mohamed Khalif
Interested Party
Mohamed Shukri Abdikar
Interested Party
Abdiwalhab Mohamed Issack
Interested Party
Miski Hassan Abdi
Interested Party
Ruling
1. There were 3 petitions filed by different parties initially. These are- Petition E199, E202 and E203 all of 2022. The petitions were consolidated.
2. A conservatory order issued in E199, was adopted in the consolidated petitions. At the last mention on January 27, 2022, petition E202 of 2022 was withdrawn. The court scheduled its ruling on the conservatory orders in the remaining petitions –E199 and 203 – for today.
3. The ruling is ready, signed and available from court No 6. The respondents and the petitioner in petition No 199 of 2022, indicate on the date the petitions are due for the ruling, that the petitions have been withdrawn. The 1st petitioner indicates that he has withdrawn instructions from his advocate.
4. Orderly administration of justice requires that the ruling is delivered to the parties as scheduled. Orders of withdrawal of the petitions have not been endorsed by the court, neither has the notice of withdrawal of advocates.
5. The ruling shall therefore be released to the parties as scheduled. Having received the ruling, parties shall be at liberty to seek withdrawal of the petitions, and withdrawal of instructions from their counsel.
6. Administration of justice must be orderly and rulings prepared and signed by the court, must be released to the parties and placed on the record.
7. It is ordered;a.The ruling dated February 28, 2023 shall be released to the parties and placed on the record as earlier scheduled.b.Thereafter, parties shall move the court for further orders withdrawing the petitions and withdrawing instructions from any advocate on record.c.Mention on March 7, 2023.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, THIS 28TH DAY OF FEBRUARY 2023. JAMES RIKAJUDGE