Farah Abdinor Ahmed v National Land Commission & 2 others [2014] KEELRC 1144 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1144
- Citation
- [2014] KEELRC 1144 (KLR)
- Decided
- 18 June 2014
The court has jurisdiction to hear and determine the petition as it relates to the appointment of the 2nd respondent and the conservatory orders sought are within the Industrial Court's jurisdiction.
Facts
Petitioner failed to secure a position as Secretary to the County Lands Board through a public recruitment process conducted by the 1st respondent. The petitioner then filed a petition seeking to stay the appointment pending hearing.
Issues
- Jurisdiction of the Industrial Court
- Access to information under Article 35 of the Constitution
Reasoning
The court found that the Industrial Court has exclusive jurisdiction to hear disputes relating to employment and labour relations, including disputes between employers and employees. The court also noted that the petitioner's application lacks merit as it seeks to stop the appointment without justifiable reasons.
Outcome
The application is dismissed
Orders
- Conservatory order of stay pending hearing and determination of the petition
- Mandatory injunction to compel the 1st respondent to furnish certified copies of applications and testimonial within seven days
Remedies
- None
Authorities cited
Legislation (2)
- Industrial Court Act, 2011
- Constitution of Kenya
Cases cited (4)
- The Owners of the Motor Vessel 'Lillian S' v. Caltex Oil (Kenya)Ltd
- United States international University versus Attorney General and 2 others, Petition 170 of 2012
- National Association for financial inclusion of the informal Sector versus the minister for Finance & Another
- Charles Omanga & 8 others versus Attorney General
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