Nahashon Oywa Amanga v Board of Management Rift Valley Institute of Science and Technology [2019] KEELRC 1100 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1100
- Citation
- [2019] KEELRC 1100 (KLR)
- Decided
- 28 March 2019
Summary at a glance
TypeLabor DisputePostureClaimant filed the Memorandum of Claim, Respondent filed Response to Claim and Counter-claimCoramM. MBARU
The claimant’s Verifying Affidavit is not verified due to the lack of a proper commissioning and the affidavit is not dated.
Facts
Claimant filed the Memorandum of Claim on 23rd February, 2016, and the Verifying Affidavit was commissioned by Elias Ngugi Ng’ang’a Advocate, Commissioner for Oaths, but not dated.
Issues
- Verification of the Verifying Affidavit
- Irregularity in commissioning the affidavit
Reasoning
The court ruled that the Verifying Affidavit was not properly commissioned and was not dated, which is a violation of the Oaths and Statutory Declarations Act.
Outcome
The Memorandum of Claim is struck out.
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.
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