Makal Loluka Solomon & 3 others v Speaker County Assembly of Baringo & another [2019] KEELRC 1835 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1835
- Citation
- [2019] KEELRC 1835 (KLR)
- Decided
- 24 January 2019
Summary at a glance
TypePetition for Judicial ReviewPostureRespondents filed preliminary objections and application in limine.CoramM. MBARU JUDGE
Court dismisses preliminary objections and finds jurisdiction over the petitioners' matters.
Facts
Petitioners are political appointees who hold positions under the County Government Act and seek to challenge a decision to disband the County Public Service Board. They claim the court has jurisdiction over their employment and labor relations matters.
Issues
- Court's jurisdiction over employment and labor relations matters
- Political Parties Act applicability
- Standing of petitioners to file suit as representative
Reasoning
Court upholds jurisdiction under Article 162(2) of the Constitution and Employment and Labour Relations Court Act, noting the County Public Service Board's role and the lack of applicability of Political Parties Act.
Outcome
Petition dismissed with no costs awarded.
Orders
- File removed to ELRC Eldoret registry for further directions.
- Interim orders extended for mention on a date to be allocated in court.
Authorities cited
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