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Maureen Nyambura Ngigi Warui v Board of Directors, Kenya Power & Lighting Company Limited & 2 others [2020] KEELRC 237 (KLR)

[2020] KEELRC 237 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
237
Citation
[2020] KEELRC 237 (KLR)
Decided
19 November 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

TypePetitionPosturePetition filed against Board of Directors, Kenya Power & Lighting Company Limited and Public Service CommissionCoramMaureen Onyango
Petition and application are struck out with costs

Facts

Petitioner filed a petition against the Board of Directors, Kenya Power & Lighting Company Limited and Public Service Commission, supported by an affidavit signed by the petitioner's advocate, Samuel Ndungu, who is also the advocate for the petitioner.

Issues

  • violation of Section 4(1) of the Oaths and Statutory Declarations Act
  • mandatory requirement of an affidavit in a petition

Reasoning

The court found that the petition and supporting affidavit are invalid due to the violation of Section 4(1) of the Oaths and Statutory Declarations Act, as the petitioner's advocate is also the Commissioner for Oaths in the matter.

Outcome

Petition and application struck out

Orders

  • Petition and application struck out with costs

Authorities cited

Legislation (3)
  • Oaths and Statutory Declarations Act
  • Protection of Rights and Fundamental Freedoms Practice and Procedure Rules 2013
  • Civil Procedure Act
Cases cited (2)
  • Caltex Oil (Kenya) Limited v New Stadium Service Station and Another
  • Charles Muturi Mwangi v Invesco Assurance Co. Ltd
⚠ 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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