Crispus Mavuthi Kathuma v Inspector General & 2 others [2019] KEELRC 1828 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1828
- Citation
- [2019] KEELRC 1828 (KLR)
- Decided
- 22 March 2019
Summary at a glance
TypePetition for Violation of Constitutional RightsPosturePetitioner's Petition Struck OutCoramRadido Stephen
The Petition is struck out.
Facts
Petitioner Crispus Mavuthi Kathuma was dismissed from the Kenya Police Force on 17 December 1990. He filed a Petition alleging that his dismissal violated his rights under Articles 22(1), 27(1), 47(1), 47(2), 48, and 50(1) and (2)(q) of the Constitution, and Section 4(1) of the Fair Administrative Action Act, 2015.
Issues
- Whether the Petitioner's rights under Articles 22(1), 27(1), 47(1), 47(2), 48, and 50(1) and (2)(q) of the Constitution were violated by his dismissal.
- Whether the Petitioner's rights under Section 4(1) of the Fair Administrative Action Act, 2015 were violated by his dismissal.
Reasoning
The Court upholds the preliminary objection and finds that the Petitioner's rights were not violated, as the alleged violations occurred before the commencement of the Employment Act, 2007. The Petitioner's reliance on the Constitution of Kenya 2010 is deemed to be an attempt to circumvent the law of limitation.
Outcome
Petition Struck Out
Authorities cited
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