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Noah Rotich & 6 others v Union of Kenya Civil Servants & another [2018] KEELRC 2333 (KLR)

[2018] KEELRC 2333 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2333
Citation
[2018] KEELRC 2333 (KLR)
Decided
23 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureAppeal from a decision of the Employment and Labour Relations Court at KerichoCoramRika J
Holding

The Court found that the 1st Petitioner did not have the authority of Co-Petitioners to present the petition and that the elections were not carried out in accordance with the law.

Facts

The Union of Kenya Civil Servants held national elections on 27 October 2016. The Petitioners, who were also candidates, were not satisfied with the process and outcome and filed a petition at the Employment and Labour Relations Court at Kericho.

Issues

  1. Did the Petitioners have authority to file the petition in their names?
  2. Were the elections held in accordance with the law?
  3. Should the Court endorse the elections or invalidate them, and give an order for fresh elections?

Reasoning

The Court determined that the 1st Petitioner did not have the authority of Co-Petitioners to file the petition and that the elections were not conducted in accordance with the law.

Outcome

The Court found the elections invalid and ordered fresh elections.

Orders

  • Order for fresh elections

Authorities cited

Legislation (2)
  • Labour Relations Act No. 14 of 2007
  • Constitution of Kenya
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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