Thomas Joseph Onyango v Attorney General & another [2014] KEELRC 1481 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1481
- Citation
- [2014] KEELRC 1481 (KLR)
Summary at a glance
TypeIndustrial CourtPostureMotion to strike out the instant Motion and Memorandum of ClaimCoramRadido Stephen
The Court strikes out the instant Motion and Memorandum of Claim with costs to the Respondent.
Facts
Claimant filed a Memorandum of Claim against the Attorney General and Reuben Ochako seeking punitive damages, salaries and allowances, implementation of a previous judgment, and contempt of court. The Claimant alleged non-compliance with Court orders in Nakuru Cause No. 407 of 2013.
Issues
- Whether the present claim is incompetent and an abuse of the Court process.
- Whether the Attorney General is a proper party to the dispute.
Reasoning
The Court found the present claim incompetent and an abuse of the Court process, as the reliefs sought are based on a previous judgment and the reliefs have not been complied with. The Court also ruled that the Attorney General is not a proper party to the dispute.
Outcome
The Motion to strike out the instant Motion and Memorandum of Claim is granted.
Orders
- The instant Motion and Memorandum of Claim are struck out with costs to the Respondent.
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