Stephen Karumbi Ngugi v CIM Credit Kenya Limited [2019] KEELRC 520 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 520
- Citation
- [2019] KEELRC 520 (KLR)
Summary at a glance
TypeLabor DisputePostureRespondent filed a preliminary objection, Claimant filed a counterclaimCoramRadido Stephen, Lenaola, Makau, Mativo, Rika
The Court dismisses the preliminary objection and orders it dismissed with no order on costs.
Facts
Claimant was employed as Finance Director by Respondent on a 2-year fixed term contract with a 3-month probation period. Claimant gave 7 days' notice of termination, but later corrected it to 3 months. Respondent deactivated Claimant's access to office and resources, leading to termination.
Issues
- Claimant's locus standi
- Court's jurisdiction
Reasoning
The Court finds no merit in the preliminary objection. It concludes that section 45(3) of the Employment Act, 2007 is not inconsistent with the Constitution, but it has no jurisdiction to undeclare a declaration of inconsistency made by a competent Court of equal status in 2012.
Outcome
Dismissed with no order on costs
Orders
- Preliminary Objection dismissed
Authorities cited
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