Case law
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Division and case type: Employment and Labour Relations CourtPetitions
…The Respondents aver that the discontinuation of this constitutional petition is not automatic since there are massive allegations of malpractice in appointment of the Managing Director and functioning of Gusii Water and…
…counsel for the Interested Party and counsel for the 4th & 5th Respondents, informed court that no settlement had been reached, and further that the petition had been overtaken by events since the Petitioner sought the appointment…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Finally, she admitted that her appointment letter did not provide for house allowance. RW1 Ms Alice Kaburi Mwiandi was the respondent’s principal/secretary BOM.…
…On cross examination, RW1 admitted being aware of CBA but averred that the claimant was issued with a letter of appointment.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…designated professional and stakeholder bodies, appointment of members from such nominations under section 7(1)(h), and thereafter appointment of the Chairperson by the President strictly from among those duly appointed members…
…appointment as a member of the Board under Section 7(1)(h) of the Act. 20.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…pleaded that; a) The Respondent admits the contents of paragraph 8 of the Statement of claim to the extent that indeed the Claimant herein was deployed to perform Principal functions at Chepchoina Secondary School as per appointment…
…It was assignment of duties of a principal and that appointment was a grate and deployment one retains his grade but performs the duties assigned. 21.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The hearing of the application resumed on 18th March 2024, when the Respondents informed the Court that, they were in the process of canceling the Interested Party’s appointment and prayed for 21 days for an out-of-Court…
…The applicant/respondent’s application for leave was seeking Judicial review orders of certiorari to quash the interested party’s appointment as an Assistant Chief II.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…The petitioner submitted that the illegality was as at the time of appointment and hence the decision to drop criminal proceedings against the 1st respondent long after appointment never cured the initial irregular appointment…
…His appointment, while the cases were pending is the problem-it constitutes the breach of law in his appointment.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petitioner challenges the legality and constitutionality of the appointment, contending that at the time of appointment the 5th Respondent was negatively listed in a Credit Reference Bureau (CRB) report, rendering him…
…The 4th Respondent deponed that following the appointment of the 5th Respondent, its Board of Directors duly considered and approved the appointment in compliance with the Banking Act and the Prudential Guidelines issued…
Division and case type: High Court Commercial and TaxCommercial Insolvency Cause
…I issued interim orders stopping any appointment of administrators on 23.9.2025.…
…Another important element to this tension is that the said appointment of the replacement administrators was hotly contested and Karori S.C made extensive submissions before me justifying their appointment under the facility…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Those to be nominated for appointment must also fulfil the conditions required for appointment to high judicial positions in their own (Partner) States.…
…The person must also fulfil the requirements for appointment as a judge in Kenya.…
Division and case type: Employment and Labour Relations CourtAppeals
…That appointment was by a written contract.…
…Consistent with his claim, the letters of appointment were issued after the semester had ended as RW1 admitted on cross-examination.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The 5 th Respondent was ineligible for nomination, approval and appointment to be Director-General, NIS, as, at the dates of the nomination, vetting, approval for appointment, appointment and assumption to office, he was…
…The 5 th Respondent was ineligible for nomination, approval and appointment to be Director-General, NIS, as, at the dates of the nomination, vetting, approval for appointment and appointment to office, he was the holder of…
Division and case type: High Court Commercial and TaxCommercial Petition
…Whether the issue of the appointment of an arbitrator is res judicata 6.…
…On 21st July 2021, well over 30 days since the notification of the dispute, the respondents proposed the appointment of Mr. Sanjeev Khagram (Mr. Khagram) as sole arbitrator and rejected the appointment of Ms.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The court can only intervene in matters appointment if the agreement provides for appointment and either party fails to comply with the agreement.…
…It is only after the party has made an appointment under section 12(4) of the Act, that the party in default is entitled to move the High Court to set aside that appointment.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The appointment was approved by the general secretary, who, under the LRA, was authorized to make such an appointment.…
…The respondent asserts that the appointment was personal to the outgoing general secretary Wilson Sossion, but the appointment and role were for the benefit of the respondent union.…
Division and case type: Employment and Labour Relations CourtAppeals
…E31 of 2023, all appointment letters of the respondent were issued retroactively, for unexplained reasons, other than less than optimal administration of part-time teaching at the institution.…
…Date of Letter of Appointment Course (units) Semester 1. 20th February, 2017 PHIL:EDFO:121 & 104 May – August 2016 2. 8th May, 2017 PHIL:104, 105 & 101 May – August 2016 3. 8th May, 2017 PHIL:104 1st April – 30th April 2016…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…He deposed that a dispute arose when the respondent unilaterally initiated the appointment of a Dispute Adjudication Board (DAB) in violation of sub-clause 20.2, which requires mutual Agreement on the appointment. 3.…
…Appointment of the DAB is provided for under Clause 20.2 of the General Conditions of Contract.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…the contractual provisions for appointment of an arbitrator.…
…The court can only intervene in matters appointment if the agreement provides for appointment and either party fails to comply with the agreement.” 13.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…That his appointment was challenged at the High Court in ELRC petition no.…
…That the applicant/petitioner’s appointment had been nullified and yet he continued to hold and undertake functions of the public office and receiving salary and benefits of the said office.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…purporting to nullify her appointment were undertaken in violation of the Constitution and the law. 18.…
…It is clear from the foregoing provisions that the role of the County Assembly is confined to the vetting and approval of nominees at the point of appointment, and that once such approval is granted and the appointment made…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…He was not issued a letter of appointment, human resources policy, or manual to guide him in his duties. A timetable was shared with his name and indicated the units.…
…The duty to file the employment contract, letter of appointment or work records is on the employer as required under Section 10(6) and (7) of the Employment Act.…