Ngaya v Judicial Service Commission & 3 others (Cause 398 of 2014) [2015] KEELRC 218 (KLR) (6 November 2015) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 218
- Citation
- [2015] KEELRC 218 (KLR)
- Decided
- 6 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureApplication for declaration and strike outCoramMN NDUMA
Holding
The 3rd Respondent acted in his judicial capacity and is a necessary party to the proceedings.
Facts
George Ngaya filed an application against the Judicial Service Commission and the Chief Registrar of the Judiciary, seeking declarations and orders regarding the handling of his disciplinary case.
Issues
- Whether the 3rd Respondent acted in his judicial capacity in the disciplinary proceedings of the Claimant.
- Whether the 3rd Respondent is a necessary party to these proceedings.
Reasoning
The Court found that the 3rd Respondent, as a Chief Magistrate, exercised both judicial and administrative authority, and the immunity of judicial officers under the Judicature Act applies to him. The Court also noted that the immunity can only be determined after the hearing on merits.
Outcome
The application was dismissed.
Orders
- That the claimant is non-suited against the 3rd Respondent for the reason that the 3rd Respondent handled the Claimant’s case in his official and not personal capacity.
- That the 3rd Respondent was one of the many judicial officers representing or acting as an agent of the Judicial Service Commission who cannot be isolated from the other officers who cannot be sued as done in this claim.
- That the 3rd Respondent’s name be struck out from this claim.
- That the costs of this application and of the entire suit be paid by the Claimant.
Authorities cited
Legislation (2)
- Judicature Act Cap 8 of Laws of Kenya
- Constitution of Kenya 2010
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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