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 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 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.