George Oduori Otieno v African Trade Insurance Agency & another [2019] KEELRC 420 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 420
- Citation
- [2019] KEELRC 420 (KLR)
Summary at a glance
TypeConstitutional ChallengePosturePreliminary Objection and Preliminary MatterCoramHon. Lady Justice Maureen Onyango
The Court finds that the 1st Respondent's preliminary objection meets the threshold set out in Mukisa Biscuit Manufacturing Company Limited [SUPRA].
Facts
The Petitioner filed a petition against the 1st and 2nd Respondents alleging that the 1st Respondent is immune from legal proceedings due to privileges and immunities granted by the Privileges and Immunities Act and the Agreement establishing the 1st Respondent.
Issues
- Whether the preliminary objection raised meets the threshold for a valid preliminary objection.
- Whether the 1st Respondent has immunity against these proceedings.
- Whether this Court has jurisdiction in the matter.
Reasoning
The Court of Appeal held that the constitutionality of the diplomatic immunity conferred on the appellant can be challenged before the ELRC. The Court must entertain the Petition to interpret the Constitution and the impugned instruments as called upon by the Petitioner.
Outcome
The Petition is not struck out.
Authorities cited
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