Arati, Governor, County Government of Kisii & 4 others v Omao & 4 others [2024] KECA 1539 (KLR)

Arati, Governor, County Government of Kisii & 4 others v Omao & 4 others (Civil Appeal E101 of 2024) [2024] KECA 1539 (KLR) (29 October 2024) (Order)

Neutral citation: [2024] KECA 1539 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Civil Appeal E101 of 2024

HM Okwengu, HA Omondi & JM Ngugi, JJA

October 29, 2024

Between

Hon Paul Simba Arati, Governor, County Government Of Kisii

1st Appellant

County Government Of Kisii

2nd Appellant

County Secretary, Kisii County

3rd Appellant

Kisii County Public Service Board

4th Appellant

Alfred Ongiri Nyandieka

5th Appellant

and

Vincent Mariita Omao

1st Respondent

David Mangondi Senema

2nd Respondent

The Clerk, Kisii County Assembly

3rd Respondent

The Speaker, Kisii County Assembly

4th Respondent

Kisii County Assembly

5th Respondent

(Being an Appeal from the Judgment of the Employment and Labour Relations Court at Kisumu, (Radido, J.) dated 24th January, 2024 in ELRC Petition No. E014 of 2023)

Order

1. This matter was heard by this Court and a Judgment delivered on 11th October, 2024. By a letter dated 17th October, 2024, the advocate for the appellants Odhiambo Oronga & Company Advocates wrote to this Court pointing out that there was an error on the face of the record at paragraph 32 of the judgment and requested that the same be amended under Rule 35(1) of the Court of Appeal Rules.

2. We have since perused the judgment and have confirmed with regret that indeed there is an error on the judgment as the appellant having succeeded in the appeal, the last line in paragraph 32 of the judgment should have read “the 1st and 2nd respondents shall pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents.”Accordingly, we amend the judgment under Rule 37(1) of the Court of Appeal Rules, 2022 (formerly Rule 35 of the Civil Procedure Rules, 2010), to read: “the 1st and 2nd respondents shall pay the costs of the appeal to the appellants and to the 3rd, 4th and 5th respondents.”It is so ordered.

MADE AT KISUMU THIS 29TH DAY OF OCTOBER, 2024. HANNAH OKWENGU………….…..………….. JUDGE OF APPEALH. A. OMONDI……………...…………. JUDGE OF APPEALJOEL NGUGI………….……………. JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR