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Magerer Langat & another v Paul Kiprono Chepkwony Governor County Government of Kericho & 2 others [2020] KEELRC 1751 (KLR)

[2020] KEELRC 1751 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1751
Citation
[2020] KEELRC 1751 (KLR)
Decided
23 January 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLabor RelationsPosturePetition for orders against Governor and County Government of Kericho
The court found the petitioners not to be employees under the Employment Act, 2007, and thus lacked jurisdiction to hear the case.

Facts

Petitioners were appointed to Kericho Municipal Board and filed an application seeking orders to restrain the respondents from employing replacements, declare violations of fair labor practices, and suspend projects.

Issues

  • jurisdiction
  • replacement employment
  • suspension of projects

Reasoning

The court ruled that the petitioners were board members under the Urban Areas and Cities (Amendment) Act, 2019, and not employees under the Employment Act, 2007, thus denying jurisdiction.

Outcome

The petition was dismissed.

Authorities cited

Legislation (6)
  • Employment and Labour Relations Court (Procedure) Rules, 2016
  • Urban Areas and Cities Act
  • Fair Administrative Act
  • Urban Areas and Cities (Amendment) Act, 2019
  • Employment Act, 2007
  • Protections of Rights and Fundamental Freedoms Practice and Procedure Rules, 2010
Cases cited (1)
  • Pauline Anna Bernadette Onyango v Kenya School of Law
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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