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Geoffrey Makana Asanyo v Nakuru Water and Sanitation Services Company & 7 others [2014] KEELRC 1175 (KLR)

[2014] KEELRC 1175 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1175
Citation
[2014] KEELRC 1175 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and InjunctionPostureRespondents' application for contempt and preliminary objection dismissedCoramBYRAM ONGAYA
Holding

The application for contempt and preliminary objection is dismissed

Facts

The petitioner sought a declaration that the advertising and filling of positions of 6 directors of the 1st respondent was unconstitutional and null and void. The 1st to 6th respondents were ordered to institute transitional measures respecting the petitioner's rights.

Issues

  1. constitutionality of advertising and filling of director positions
  2. transitional measures respecting constitutional rights

Reasoning

The court found that the petitioner's actions did not constitute a fresh cause of action and that the alleged disobedience was not established.

Outcome

The application for contempt and preliminary objection is dismissed

Orders

  • The parties maintain status quo as far as the 1st respondent's directorship is concerned
  • The 2nd respondent to convene a meeting of the 1st respondent's directors within five days from 30.05.2014

Remedies

  • The 4th to 6th respondents and 1st and 2nd respondents to pay the petitioner's costs of the petition

Authorities cited

Legislation (1)
  • Articles 41 and 47 of the Constitution of Kenya
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.
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