1.For determination is a Motion dated November 23, 2022 by the Respondents seeking orders:(1)That this Honourable Court be pleased to dismiss the Petitioner’s Claim/Petition as it discloses no reasonable cause of action.(2)That the costs of this suit and application be borne by the Petitioner.
2.The grounds in support of the Motion were that the Court had in a Ruling delivered on March 25, 2021 held that the Petitioner’s employment was tied to the tenure of the appointing Governor and consequently there was no contractual relationship with the 1st Respondent who took office upon the demise of the appointing Governor.
3.The Court gave directions on the application on November 24, 2022. None of the parties complied with the directions within the set timelines.
4.The Court has looked at the record, Motion and affidavit in support.
5.The Respondents lodged an application dated April 21, 2021 seeking similar orders to the ones now under examination.
6.The Court sitting in Kericho heard arguments on the application and dismissed it in a Ruling on the merits delivered on September 21, 2021.
7.This Court, therefore declines the invitation by the Respondents to revisit the issue. The application is not only an abuse of the court process but res judicata.
8.The Motion is dismissed with costs to be paid personally by the Respondents’ advocate on record.