Republic v County Government of Laikipia Exparte Joseph Mwangi Maina [2019] KEELRC 1020 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1020
- Citation
- [2019] KEELRC 1020 (KLR)
- Decided
- 23 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent/Applicant seeks to set aside the orders and decree of the court.CoramNzioki wa Makau
Holding
The application is dismissed with costs to the ex parte Applicant.
Facts
The Respondent/Applicant asserts that the Petitioner's advocate did not serve it with the suit papers and that the matter proceeded ex parte to the detriment of the Respondent/Applicant.
Issues
- Whether the court is functus officio.
- Whether the Respondent/Applicant has a sufficient basis to reopen the proceedings and grant unconditional leave to defend.
Reasoning
The court granted orders of certiorari which quashed the decision of the Respondent/Applicant. The only recourse was an appeal but none was filed.
Outcome
Dismissed with costs
Orders
- Orders of certiorari quashing the decision of the Respondent/Applicant.
Authorities cited
Legislation (6)
- Law Reform Act Cap 26 Laws of Kenya
- Fair Administrative Actions Act No. 4 of 2015
- Constitution of Kenya
- Employment and Labour Relations Court Act, 2011
- Employment Act 2007
- Civil Procedure Rules, 2010
Cases cited (2)
- Republic v Director of Survey & 2 Others ex parte Sayani Investments [2018] eKLR
- Hassan Ali Joho & Another v Suleiman Said Shabbal & 2 Others [2013] eKLR
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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