Halima Gababa Abdulahi v Lee Kinyanjui & another [2019] KEELRC 1777 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1777
- Citation
- [2019] KEELRC 1777 (KLR)
- Decided
- 31 January 2019
Summary at a glance
TypePetition for Conservatory OrdersPostureRespondents' application for stay of proceedings and reference to arbitrationCoramM. MBARU
The court retains its original jurisdiction to hear the matter as the petition is premised on the violation of the Bill of Rights and under Article 23 of the Constitution, only the court can address such matters.
Facts
Petitioner filed a petition seeking conservatory orders to suspend the respondents' decision to remove her from her position. Respondents filed an application for stay of proceedings and reference to arbitration.
Issues
- violation of constitutional rights
- arbitration clause validity
- jurisdiction of the court
Reasoning
The court held that the petition cannot be addressed by arbitration due to the violation of constitutional rights and the ambiguity in the employment contract clause.
Outcome
The petition and Notice of Motion seek interim measures of a conservatory nature and the court retains its original jurisdiction.
Orders
- Application by respondents for stay of proceedings and reference to arbitration is hereby declined.
- Each party shall bear their own costs.
Authorities cited
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