Kenya National Parents Association v Cabinet Secretary, Ministry of Education Science & Technology & another [2015] KEELRC 5 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 5
- Citation
- [2015] KEELRC 5 (KLR)
- Decided
- 16 December 2015
Summary at a glance
TypeLabor Relations DisputePostureRespondents filed preliminary objections, and both parties filed written submissions.CoramM. MBARU
The Court has jurisdiction over the employment and labour relations dispute and the collective constructive termination of current Directors of County Education.
Facts
The Kenya National Parents Association filed a suit against the Cabinet Secretary, Ministry of Education, Science & Technology, and the Public Service Commission, seeking to prohibit collective termination of employment of county directors of education and prevent recruitment for 53 advertised positions of Deputy Directors of Education.
Issues
- Whether the Court has jurisdiction
- Whether the Claimant has locus to institute these proceedings
Reasoning
The Court's jurisdiction is established by Article 165(5)(b) and 162 of the Constitution, and the Employment and Labour Relations Court Act, which allows the Court to make interim preservation orders including injunctions in cases of urgency.
Outcome
The preliminary objections were dismissed, and the suit was allowed to proceed.
Orders
- The Court dismissed the preliminary objections and allowed the suit to proceed.
Authorities cited
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