Lucy Njoki Waithaka v Tribunal appointed to investigate the conduct of Lucy Njoki Waithaka & another; Kenya Magistrates and Judges Association (Interested Party) [2019] KEELRC 10 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 10
- Citation
- [2019] KEELRC 10 (KLR)
- Decided
- 11 December 2019
Summary at a glance
TypePetition for Judicial ReviewPostureRespondent's PetitionCoramInoti, Mr. Isaac, Odunga, Okwengu, Omondi, Warsame
The Court found that the petitioner's petition was not justiciable and dismissed it.
Facts
The petitioner, Justice Lucy Njoki Waithaka, was the Presiding Judge of the Environment and Land Court in Nyeri until her suspension on June 4, 2019. She filed a petition against the Tribunal appointed on June 4, 2019, to investigate her conduct.
Issues
- Whether the proper forum is this Court or the 1st respondent.
- Whether there exist exceptional circumstances warranting bypassing the 1st respondent to exercise the Court's jurisdiction over employment and labour relations issues.
Reasoning
The Court determined that the petitioner's petition did not meet the threshold for justiciability and that the 1st respondent was the appropriate forum to address the issues.
Outcome
Petition dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…