Bernard Odero Okello & Kenya Investors Association v Cabinet Secretary for Industrialization Trade and Enterprise Development & Attorney General; Cyprian Mugambi Ngutari, Patricia May Chepkirui, Kyalo Mbobu, Andrew Muma, Chege Charles Gakuhi & Law Society of Kenya (Interested Parties) [ (Petition 100 & 99 of 2020) [2020] KEELRC 547 (KLR) (Employment and Labour) (7 August 2020) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 547
- Citation
- [2020] KEELRC 547 (KLR)
- Decided
- 7 August 2020
The Court has jurisdiction to determine the petitions and finds that the appointments were in contravention of the Constitution.
Facts
The petitioners challenge the constitutionality of the appointments of several individuals to the Business Premises Tribunal, alleging violations of Articles 169(1)(d), 172(1), 27(3)(4), 232, and 259(1) of the Constitution of Kenya, as well as Articles 2 of CEDAW and Article 2 of the Maputo Protocol.
Issues
- Constitutionality of the appointments of members of the Business Premises Tribunal
- Violation of Articles 169(1)(d), 172(1), 27(3)(4), 232, and 259(1) of the Constitution of Kenya
- Violation of Articles 2 of CEDAW and Article 2 of the Maputo Protocol
Reasoning
The Court held that the jurisdiction of the Employment and Labour Relations Court extends to disputes regarding employment and labour relations, including the enforcement of the Constitution in the public interest.
Outcome
The Court found the appointments unconstitutional and remanded the matter to the appropriate authority for reconsideration.
Orders
- Remand the matter to the appropriate authority for reconsideration of the appointments
Remedies
- Remand the matter to the appropriate authority for reconsideration of the appointments
Authorities cited
Legislation (4)
- Employment and Labour Relations Court Act
- National Employment Authority Act
- Business Premises Rent Tribunal Act
- Landlords and Tenants (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations
Cases cited (1)
- Abdikadir Suleiman v County Government of Isiolo & Another [2015] eKLR
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