Ogaro v Nyayo Tea Zones Development Corporation & another [2025] KEELRC 458 (KLR) | Costs Award | Esheria

Ogaro v Nyayo Tea Zones Development Corporation & another [2025] KEELRC 458 (KLR)

Full Case Text

Ogaro v Nyayo Tea Zones Development Corporation & another (Petition E178 of 2024) [2025] KEELRC 458 (KLR) (21 February 2025) (Ruling)

Neutral citation: [2025] KEELRC 458 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition E178 of 2024

B Ongaya, J

February 21, 2025

Between

Brian Omoke Ogaro

Petitioner

and

Nyayo Tea Zones Development Corporation

1st Respondent

Public Service Commission

2nd Respondent

Ruling

1. The petitioner and the 1st respondent recorded a consent in Court on 17. 12. 2024 allowing the impugned recruitment to proceed with participation of the petitioner. The petition was marked settled accordingly subject to parties submitting on the issue of costs of the petition.

2. Yeli & Company Advocates for the 1st respondent submit that in view of the consent settling the dispute and in promotion of amicable relationship between the parties, each party to bear own costs. It is submitted for the 1st respondent that the Court should consider that the 1st respondent lost time when an interim order stopping the recruitment in issue was in place and prior to parties recording a consent.

3. Mr. Namada Simoni Advocate for the petitioner submits that interim order issued demonstrated that the petitioner had a meritorious case. Further, the 1st respondent was obligated to ensure that the recruitment was in accordance with the law.

4. The Court has considered the rival submissions and returns that parties having compromised the dispute and the parties being in a continuing relationship including the petitioner’s participation in the recruitment process, and, the terms of the settlement consent order being in favour of the petitioner, Kshs. 50,000. 00 being in favour of the petitioner and payable by April 1, 2025 as partial costs will balance justice for the parties. Orders to issue accordingly.

SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT NAIROBI THIS FRIDAY 21ST FEBRUARY, 2025BYRAM ONGAYA, PRINCIPAL JUDGE