Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the respondents' preliminary objection to the judicial review application, ruling that the objection passed muster due to legal issues of form and substance. The court held that the applicant failed to comply with the ELRC Procedure Rules 2024 and Mutunga Rules by not securing leave for judicial review proceedings, not suing as a public entity, and misstating the relief sought. The court struck out the suit with costs, emphasizing that the applicant must file proper pleadings under the rules to enforce constitutional rights.
judicial reviewpreliminary objectionelrc procedure rulesconstitutional rights5 min read
JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The applicant sought judicial review against the termination of his employment by the 1st respondent, which was upheld by the Public Service Commission. The court granted certiorari to quash the commission's decision, ordered reinstatement to his previous position as Director Supply Chain Management with payment of 12 months' salary for irregular redeployment and redesignation, and prohibited implementation of the termination decision. The court found the termination unlawful due to lack of proper disciplinary process and irregular redeployment, despite the applicant's protest and the commission's award of compensation.
judicial reviewemployment terminationredeploymentre-designation18 min read
JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the 1st respondent's preliminary objection to the applicant's motion for judicial review, finding that the objection was moot due to the 1st respondent's failure to file submissions within the 14-day period mandated by the court's order dated 23rd July 2024. The court held that the objection was automatically dismissed by operation of law after the 1st respondent did not comply with the deadline, rendering it procedurally premature and without merit. The court allowed the applicant's motion and ordered the 1st respondent to pay costs.
judicial reviewjurisdictionpreliminary objectionexhaustion of internal appeal3 min read
JudgmentJohnson Mwaniki Nyagah VS County Attorney-county Government Of Embu AND Chief Finance Officer-county Government Of Embu
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court granted mandamus orders compelling the respondents (Accounting Officer and Legal Advisor of the County Government of Embu) to pay Kshs.3,140,308.00 plus interest and taxed costs of Kshs.297,350.00 within 30 days, as they failed to honor the decree from Meru ELRC No.44 of 2019. The court found the respondents' inaction constituted illegality, unreasonableness, and procedural impropriety under Article 47 and 48 of the Constitution, violating the right to fair administrative action and access to justice. The court held that the respondents, mandated to comply with court orders, breached their duty by failing to pay the decree despite being served with the decree, certificate of costs, and certificate of order.
mandamusdecree enforcementconstitutional rightscounty government4 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries by a trade union were deployed back to teaching by the government entity without following proper procedures. The applicants sought judicial review to quash the deployment order, alleging violations of constitutional rights and lack of due process. The court found that the applicants' employment with the union was lawful under the Recognition Agreement and Code of Regulation for Teachers, and the deployment was authorized by the union's request due to financial constraints. The court rejected the applicants' claims of unlawful removal, ruling that the deployment followed the union's internal procedures and the government entity's statutory obligations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries under a union's recognition agreement with the government were recalled to teaching by the government entity (1st Respondent) following union requests due to financial constraints. The applicants sought judicial review to quash the recall, prohibit unilateral removal, and direct salary payments, arguing the recall violated constitutional rights and due process. The court found the applicants' claims of procedural impropriety and lack of legal basis for recall valid, but dismissed the motion due to premature commencement without exhausting internal appeal mechanisms under the Teachers Service Commission Act and CORT regulations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
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