Eden Robinson Odhiambo v Board of Trustees Tourism Fund [2017] KEELRC 1279 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1279
- Citation
- [2017] KEELRC 1279 (KLR)
- Decided
- 16 March 2017
Summary at a glance
TypeApplicationPostureRespondent seeks to dismiss and/or strike out Claimant's Statement of Claim and the accompanying Notice of Motion application, and set aside ex parte orders issued on 24th October, 2016.
Ex parte orders obtained by the Claimant are set aside due to non-disclosure of material facts.
Facts
Claimant was suspended by the Respondent due to charges under the Ethics and Anticorruption and Economic Crimes Act. The Respondent advertised for the position held by the Claimant, which the Claimant claims is a breach of his rights and constructive dismissal.
Issues
- Abuse of process in obtaining ex parte orders
- Res judicata
Reasoning
The court found that the Claimant did not disclose the existence of Petition No.100 of 2015, which was pending, when filing this cause. The court ruled that the orders obtained were in abuse of the court process.
Outcome
The Claimant's Statement of Claim and Notice of Motion application are dismissed and the ex parte orders are set aside.
Orders
- Claimant's Statement of Claim and Notice of Motion application are dismissed.
- Ex parte orders issued on 24th October, 2016 are set aside.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…