Case law
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Division and case type: Employment and Labour Relations CourtPetitions
…vires; ii.…
…That the Petitioner’s complaint herein, is that the 2nd Respondent usurped the powers of the Interested Party and acted ultra vires by terminating his services leading him to suffer loss of employment. 13.…
Division and case type: Employment and Labour Relations CourtPetitions
…(b) A declaration that the actions of the 1st Respondent of seeking to recruit a Chief Executive Officer for the 2nd Respondent is ultra vires, null and void and breaches Articles 2, 3, 10, 27, 28, 41, 47, 55 and 201 of the…
Division and case type: Employment and Labour Relations CourtPetitions
…The Petitioner avers that the Respondent, the Chief Officer, Health and Sanitation, Kisumu County issued him with a warning letter on 6th June, 2022 without authority to do so and the same is ultra vires as he was not afforded…
…Declaration that the decision of the Respondent contained in the letter dated 6th June, 2022 is ultra vires.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…Wambugu’s medical report. 16 The decision to conduct an evaluation clinic and award KShs. 546, 472 was ultra vires.…
…The responsibility is not directly placed on the Director. 58 In light of the foregoing [paras. 56 and 57], I disagree with Counsel for the Ex-parte Applicant’s submissions that the Director and the Panel acted ultra vires…
Division and case type: Employment and Labour Relations CourtPetitions
…Whether the Respondent acted ultra vires in allowing the then chief executive officer to participate in the recruitment of a new chief executive officer iii.…
…Whether the Respondent acted ultra vires the law in allowing the then Chief Executive Officer to participate in the recruitment of his successor iii.…
Division and case type: Employment and Labour Relations CourtPetitions
…Whether the Respondent acted ultra vires in allowing the then chief executive officer to participate in the recruitment of a new chief executive officer iii.…
…Whether the Respondent acted ultra vires the law in allowing the then Chief Executive Officer to participate in the recruitment of his successor iii.…
Division and case type: Employment and Labour Relations CourtPetitions
…The petitioner maintains that the 1st respondent acted ultra vires because she had legal mandate to transfer or demote him. 34.…
…I have already made a finding of fact that the 1st respondent was not the Authorised officer in this case and as such, she acted ultra vires.…
Division and case type: Employment and Labour Relations CourtPetitions
…The Petitioner also contends that the 2nd and 3rd Respondents failed to provide guidance or oversight, and that the actions of the 1st Respondent constitute abuse of office and ultra vires acts.…
…The Petitioner further alleges that the 1st Respondent was not properly constituted and lacked the quorum required to make lawful appointments rendering the recruitments ultra vires. 48.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…As regards 2nd and 4th respondents, it was submitted that they did not act ultra vires in requesting for the deployment of the applicants back to teaching service.…
…In addition, I agree with the applicants that the respondents acted ultra vires in the actions that culminated in the impugned deployment.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…Whether the 1st Respondent acted ultra vires its mandate under the Constitution and the Public Service Commission Act by purporting to set retirement ages. b.…
…The court emphasized that when a statutory body exceeds its legal authority or acts outside its mandate, its decisions can be quashed for being ultra vires.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…As regards 2nd and 4th respondents, it was submitted that they did not act ultra vires in requesting for the deployment of the applicants back to teaching service.…
…In addition, I agree with the applicants that the respondents acted ultra vires in the actions that culminated in the impugned deployment.…
Division and case type: Employment and Labour RelationsCase number Cause
…Laws of Kenya (which is hereinafter referred to as the Act) for interpretation of the award, praying that the Company has nothing to pay to the two grievants and that any payment in excess of 12 months monetary wages is ultra…
…vires Section 15(1)(ii) of the Act.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…THAT the action of the Claimant in purporting to recruit members from the engineering sector/industry is ultra-vires its constitution and hence a nullity.…
…Respondent has also submitted that the Claimant is only empowered to recruit its members from the sectors of commercial food and allied workers as evidenced by Rule no. 5 of its Constitution and that the Claimant has been actin ultra…
Division and case type: Employment and Labour Relations CourtPetitions
…In that regard, it was contended that the CDC acted ultra-vires and it was also without proper quorum. Further, the decision was communicated to him after the term of the commissioners had lapsed on 17th January 2023.…
…He relied on Hansan Mugo Njoki v IEBC (2023) eKLR where the court held that the commission’s 284th plenary meeting held on 3rd and 6th January 2023 were ultra vires for want of quorum and due to exercise of the committee’…
Division and case type: Employment and Labour Relations CourtPetitions
…Consequently, he contended that the organizational structure purporting to split the position of deputy clerk into two was illegal and ultra vires as the right procedure was not followed. 8.…
…Acting without jurisdiction or ultra vires or contrary to the provision of a law or its principles are instances of illegality.…
Division and case type: Employment and Labour Relations CourtPetitions
…Facts necessary to support intervention by the court, e.g. ultra vires or fraud have not been pleaded.” 44. Similarly, they relied on the decision by Hon. F.…
…The decision however sets out when an intervention is necessary and Kuloba J. renders himself as follows: “Courts will Interfere only where the act complained of is ultra vires or is of a fraudulent character or not rectifiable…
Division and case type: CivilORIGINATING SUMMONS
…Imanyara also submitted that regulation 15 of Presidential and Parliamentary Election Regulations is ultra vires the provisions of section 13 of the Act as far as it sets out the time for nomination of candidates.…
…The regulation that fixed the time from 8:00 a.m. to 1:00 p.m is in contravention and contradicts the Act and is therefore ultra vires the provisions of the Act and should be held to be of no effect.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…delegated the power to terminate employment contracts to the Management; the resignation of a Chair of Council did not render the position of Personal Assistant to the Chair superfluous, and that the decision to terminate was ultra…
…vires. 8.…
Division and case type: Employment and Labour Relations CourtPetitions
…The Petitioner thus avers that the Respondents’ failure to implement the Board’s recommendation for extension of his contract for 5 years was therefore ultra vires. 6.…
…It is on the basis of this provision that the Petitioner submits the County Public Service Board acted ultra vires in failing to implement the recommendation of the Municipal Board. 67.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Acting without jurisdiction or ultra vires or contrary to the provision of a law or its principles are instances of illegality.…