Kandie & 2 others v Communications Authority of Kenya (Cause 128 of 2015) [2015] KEELRC 64 (KLR) (17 December 2015) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 64
- Citation
- [2015] KEELRC 64 (KLR)
- Decided
- 17 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureInter Partes HearingCoramHS WASILWA, OjwangAg., Rika
Holding
The Court allows the application and grants the orders sought by the Applicants.
Facts
The Respondent, Communications Authority of Kenya, declared redundant all employees in Director or Assistant Director positions. The Respondent then advertised the renamed positions, which the Applicants contested.
Issues
- Whether the Respondent's process of restructuring the organization was above board.
- Whether the Applicants would be aected by the restructuring process.
Reasoning
The Court finds that it would be less risky to grant the orders sought than not, as the Respondents still have an opportunity to proceed with the restructuring process.
Outcome
The application is allowed.
Orders
- Certify the application urgent and hear it ex-parte.
- Restrain the Respondent from advertising, renaming, or taking steps to recruit employees in certain positions.
- Publish advertisements in national circulation to suspend the advertised positions.
- Restrain the Respondent from taking steps to terminate employment or interfere with the position and rank of the Applicants.
- Publish advertisements to suspend the Respondent's previous advertisements of the renamed positions.
Remedies
- Irreparable loss to the Applicants if the orders are denied.
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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