Republic v Kenya Medical Research Institute & 2 others ex-parte Solomon S.R. Mpoke [2017] KEELRC 1948 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1948
- Citation
- [2017] KEELRC 1948 (KLR)
- Decided
- 27 January 2017
Summary at a glance
TypeJudicial ReviewPostureApplication for Leave to Apply for Prohibition and CertiorariCoramMATHEWS NDERI NDUMA
The court declines to allow the proposed interested party to be heard in this matter and does not deem the applicant a proper person to be heard.
Facts
The applicant, Solomon S.R. Mpoke, seeks leave to apply for an order of prohibition and certiorari against the Kenya Medical Research Institute (KEMRI) and its Chairperson. Mpoke alleges that the appointment of the applicant as KEMRI's director was conducted in violation of a court order and that KEMRI does not exist in law.
Issues
- Whether the proposed interested party is a proper person to be heard in this matter.
- Whether the applicant's appointment as KEMRI's director was conducted in violation of a court order.
- Whether KEMRI exists in law and can be sued.
Reasoning
The proposed interested party is no longer an official of UNRISK and is not likely to be adversely affected by the court's decision. The court also finds that KEMRI does not exist in law and cannot be sued.
Outcome
The court declines to allow the applicant to be heard and makes no order as to costs.
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