Kimweli & 46 others v National Social Security Fund (Civil Appeal (Application) E002 (SUP) of 2023) [2024] KECA 202 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 202
- Citation
- [2024] KECA 202 (KLR)
- Decided
- 23 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for certification and leave to appeal to the Supreme Court of KenyaCoramF. OCHIENG, M. GACHOKA, CIArb, FCIArb, W. KORIR
Holding
The court granted the application for certification and leave to appeal to the Supreme Court of Kenya.
Facts
The applicants, including Peterkeen Mwiu Kimweli, were aggrieved by the judgment of the Court of Appeal at Nakuru dated 30th June 2023, and they lodged a notice of appeal on 13th July 2023.
Issues
- Whether the court's judgment was supported by the law.
- Whether the court's judgment was unconstitutional and a violation of the applicants' rights.
- Whether the court's judgment raised a point of law of general public importance concerning the employees' right to lawful expectation as provided for by Articles 27, 41, and 47 of the Constitution, Section 14 of the Labour Relations Act, and Section 5 of the Employment Act.
Reasoning
The court found that the applicants' appeal raised a point of law of general public importance concerning the employees' right to lawful expectation as provided for by Articles 27, 41, and 47 of the Constitution, Section 14 of the Labour Relations Act, and Section 5 of the Employment Act.
Outcome
The application was granted.
Orders
- The court be pleased to grant the applicants certification to lodge their appeal against the judgment of this court delivered on 30th June 2023 at the Supreme Court because it raises a point of law of general public importance concerning the employees' right to lawful expectation as provided for by Articles 27, 41, and 47 of the Constitution, Section 14 of the Labour Relations Act, and Section 5 of the Employment Act.
Authorities cited
Legislation (2)
- Section 14 of the Labour Relations Act
- Section 5 of the Employment Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…