Employment and Labour Relations Court
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Division and case type: Employment and Labour Relations CourtPetitions
Division and case type: Employment and Labour Relations CourtPetitions
Division and case type: Employment and Labour Relations CourtJudicial 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.
Division and case type: Employment and Labour Relations CourtJudicial 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.
Division and case type: Employment and Labour Relations CourtPetitions
The court dismissed the respondent's Notice of Motion seeking to set aside court orders issued on 13th November 2024, as the respondent was duly served with the court process but failed to respond to the petitioners' motion. The court found the impugned interim orders regular because the respondents were served and attended court through their counsel, who sought 21 days to file a response before the hearing. The respondent's argument that the union was financially unable to comply with the orders due to TSC's failure to remit dues was not relevant to the procedural irregularity. The court held that the respondent was not condemned unheard as they had been served and had the opportunity to respond, thus the motion was dismissed with costs.
Division and case type: Employment and Labour Relations CourtPetitions
This ruling addresses the 2nd respondent's preliminary objection to a public interest litigation petition filed by the petitioner on behalf of residents of Isiolo County. The court found that the petitioner lacked locus standi to bring the petition as he is not an employer, employee, or party directly involved in the employment relationship, and had not met the public interest litigation threshold under Article 22 of the Constitution. The court also noted that the petitioner failed to file submissions opposing the preliminary objection despite being notified, and the 2nd respondent's objection was allowed with costs declined due to the petition being a public interest litigation. The court ruled that the petition should be struck out as the petitioner lacked jurisdictional standing and did not demonstrate sufficient interest in the labour relationship to invoke the court's jurisdiction.
Division and case type: Employment and Labour Relations CourtJudicial 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.
Division and case type: Employment and Labour Relations CourtJudicial 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.
Division and case type: Employment and Labour Relations CourtPetitions
The court held that the petitioners' constitutional rights were infringed by the respondents' actions, including non-payment of salaries and casual employment for over five years. The court found the petitioners had not exhausted internal appeal mechanisms under section 77 of the County Governments Act, which requires appealing to the Public Service Commission before court action. The court dismissed the petition with costs to the respondents, ruling that jurisdiction was ousted by the PSC's exclusive authority over employment disputes under the County Governments Act and the Public Service Commission Act.
Division and case type: Employment and Labour Relations CourtPetitions
The court addressed a petition by ABDI ADAN against the INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) regarding constitutional violations and disciplinary proceedings. The petitioner alleged that the IEBC improperly constituted a disciplinary committee, violated Articles 41, 47, 50, and 236 of the Constitution, and unlawfully demoted him without due process. The court found the disciplinary proceedings unconstitutional due to improper quorum and misapplication of the Commission Disciplinary Committee (CDC) instead of the HRMAC for staff in Job Grade 5 and below, as per the IEBC HR Manual. The court ordered reinstatement, restoration of rank, salary, and benefits, and restrained further disciplinary actions.
Division and case type: Employment and Labour Relations CourtJudicial 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.
Division and case type: Employment and Labour Relations CourtJudicial 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.