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|Case Number:||Miscellaneous 10 of 2020|
|Parties:||Jackline Aurellia Mwende & 19 others v County Secretary, County of Machakos|
|Date Delivered:||25 Nov 2021|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||Nzioki wa Makau|
|Citation:||Jackline Aurellia Mwende & 19 others v County Secretary, County of Machakos  eKLR|
|Court Division:||Employment and Labour Relations|
|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
THE COUNTY SECRETARY,
COUNTY OF MACHAKOS..............................................RESPONDENT
1. The application before the Court is the Applicants’ notice of motion dated 14th 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 5th 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 30th 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 5th 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 25th day of November 2021
Nzioki wa Makau