Republic v County Secretary County Government of Tharaka Nithi & another Ex parte Kenneth Ntwiga Kanga v [2018] KEELRC 2284 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2284
- Citation
- [2018] KEELRC 2284 (KLR)
- Decided
- 25 January 2018
Summary at a glance
TypeJudicial ReviewPostureAppeal from a decision of the Employment & Labour Relations Court of KenyaCoramNzioki wa Makau
The court declined to recuse itself and dismissed the application for judicial review.
Facts
Mr. Kenneth Ntwiga Kanga applied for leave to apply for judicial review of a decision of the Employment & Labour Relations Court of Kenya, claiming that the court had improperly taken charge of matters before it and that he had not been given a hearing before Dr. Kuria.
Issues
- Whether the Employment & Labour Relations Court of Kenya had improperly taken charge of matters before it.
- Whether the Employment & Labour Relations Court of Kenya had given Mr. Kanga a hearing before Dr. Kuria.
Reasoning
The court held that the title of Senior Counsel does not give them the power to usurp the role of courts in settling lists or disputes of cases, and that the Judiciary is independent and not under the direction of any arm of Government.
Outcome
Application for leave to apply for judicial review dismissed.
Orders
- The court declined to recuse itself from the matter.
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