Case ID:185253

Jackline Aurellia Mwende & 19 others v County Secretary, County of Machakos [2021] eKLR

Case Metadata

Case Number:

Miscellaneous 10 of 2020

Parties:

Jackline Aurellia Mwende & 19 others v County Secretary, County of Machakos

Date Delivered:

25 Nov 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Nzioki wa Makau

Citation:

Jackline Aurellia Mwende & 19 others v County Secretary, County of Machakos [2021] eKLR

Court Division:

Employment and Labour Relations

County:

Nairobi

Case Outcome:

Application ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT

&

LABOUR RELATIONS

COURT OF KENYA AT NAIROBI

MISCELLANEOUS NO. 10 OF 2020

JACKLINE AURELLIA MWENDE

&

19 OTHERS.......APPLICANTS

VERSUS

THE COUNTY SECRETARY,

COUNTY OF MACHAKOS..............................................RESPONDENT

RULING

1. The application before the Court is the Applicants’ notice of motion dated 14

th

February 2020 expressed to be brought under Order 53 Rule 3(1) of the Civil Procedure Rules 2010, Sections 8

&

9 of the Law Reform Act, Cap. 26 of the Laws of Kenya and all other enabling provisions of the law. The application seeks in the main that the Court be pleased to issue an order of

mandamus

directed against the Respondent compelling him/her to pay Kshs. 2,620,113/- being unpaid 2 instalments as per the consent judgment of court in favour of the Applicants recorded by this Honourable Court on 5

th

April 2016 in

Nairobi ELRC No. 154 of 2013 Jackline Aurellia Mwende

&

18 Others

v

Municipal Council of Machakos

. The motion was also supported by the affidavit of Jackline Aurellia Mwende sworn on 30

th

January 2020.

2. The Applicants sued the defunct Municipal Council of Machakos in ELRC Cause No. 154 of 2013 where they were the Claimants and were success in obtaining a consent judgment in their favour. This was on 5

th

April 2016. To date, there has been non-compliance with this consent judgment and the Miscellaneous Cause before me does not bear the full story as the Court does not have the benefit of the proceedings in Cause 154 of 2013. In the premises I will decline issuing any orders of

mandamus

or other order pending the Applicants appropriately moving the Court in the appropriate manner.

It is so ordered.

Dated and delivered at Nairobi this 25

th

day of November 2021

Nzioki wa Makau

JUDGE