Joseph Otieno Oruoch v Kenya Medical Practitioners, Pharmacists & Dentists & another [2017] KEELRC 1407 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1407
- Citation
- [2017] KEELRC 1407 (KLR)
- Decided
- 16 March 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Constitutional ReviewPostureRespondents filed a Notice of Preliminary Objection and Statement of ResponseCoramMaureen Onyango
Holding
The court certified that the petition raises substantial questions of law and forwarded the file to the Chief Justice to constitute a bench to hear and dispose of the petition.
Facts
The quality of health care services is deteriorating due to frequent strikes by doctors and nurses, resulting in several deaths. The Petitioner claims there are inconsistencies in the Constitution that are being infringed by the strikes.
Issues
- Inconsistencies between Articles 37 and 41(2)(d) on the one hand and Articles 25(a), 26(1) and (3), and Article 43(1)(a) and (2) on the other hand.
- Whether sections 78 and 81 of the Labour Relations Act are in conflict with the Constitution and should be declared unconstitutional.
Reasoning
The court found that the petition raises significant constitutional issues and that a bench consisting of not less than three judges is required to hear and determine the matter.
Outcome
The court certified the petition and forwarded it to the Chief Justice.
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Labour Relations Act
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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