Maureen Nyambura Ngigi Warui v Board of Directors, Kenya Power & Lighting Company Limited & 2 others [2020] KEELRC 237 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 237
- Citation
- [2020] KEELRC 237 (KLR)
- Decided
- 19 November 2020
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
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