Republic v Human Resource Advisory Committee - Rural Electrification Authority & another; Ex-parte Irene Chesang [2018] KEELRC 196 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 196
- Citation
- [2018] KEELRC 196 (KLR)
- Decided
- 7 December 2018
Summary at a glance
TypeJudicial Review ApplicationPostureAppeal dismissed with costsCoramBYRAM ONGAYA
The application for judicial review is dismissed with costs. The stay of execution and the injunction are not granted.
Facts
The applicant Irene Chesang filed a judicial review application against the Human Resource Advisory Committee and Rural Electrification Authority regarding disciplinary proceedings against her. She sought various orders including an injunction and a stay of execution.
Issues
- Whether the stay of execution under Order 42 Rule 6 of the Civil Procedure Rules is necessary and justifiable.
- Whether an injunction can be granted under Order 40 of the Civil Procedure Rules pending the intended appeal.
Reasoning
The Court dismissed the application as the final orders were the dismissal of the judicial review application. The Court found that there is no pending suit for a temporary injunction and that the stay of execution and injunction are not in the best public interest.
Outcome
Application dismissed with costs
Authorities cited
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