George S Onyango OGW v Board of Directors of Numerical Machining Complex Limited Minister for Industrialization Attorney- General [2014] KEELRC 693 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 693
- Citation
- [2014] KEELRC 693 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human Rights DivisionPosturePetitionCoramJames Rika
Holding
The Petition is upheld, and the following prayers are granted.
Facts
Numerical Machining Complex Limited was incorporated as a private company limited by shares. The President and the Acting Minister of Industrialization appointed a new board of directors, which conflicted with the company's articles and memorandum of association.
Issues
- Contravention of the Constitution of Kenya
- Contravention of the State Corporations Act
- Contravention of the Articles of Association
Reasoning
The court found that the appointments were illegal and in violation of the Constitution and the company's articles and memorandum of association. The court declared the appointments null and void and ordered compensation for the Petitioner.
Outcome
The Petition is upheld.
Orders
- The President of Kenya and the Acting Minister for Industrialization are declared to have contravened the Articles of Association of the Numerical Machining Complex Limited, the State Corporations Act, and the Constitution of Kenya.
- The Board of the Numerical Machining Complex Limited is declared to have been unlawfully created.
- Legal Notice No. 14701 appointing the Chairman and Legal Notice No. 450 appointing the board members are declared null and void ab initio.
- The Petitioner shall be compensated by the Respondents for violation of his fundamental rights and for breach of his contract of employment by payment of coalesced damages assessed at Kshs. 600,000.
- The Respondents shall bear the costs of the Petition.
Remedies
- Compensation for violation of fundamental rights and breach of contract
- Restoration of the Petitioner's role as Managing Director
Authorities cited
Legislation (3)
- Constitution of Kenya
- State Corporations Act
- Articles of Association of Numerical Machining Complex Limited
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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