Victor Rutto v Patrick Muliro & 2 others [2020] KEELRC 949 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 949
- Citation
- [2020] KEELRC 949 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondents filed preliminary objections; application and objections addressed concurrently.CoramM. MBARU JUDGE
Holding
The application is found without merit and orders sought shall not issue.
Facts
Victor Rutto was the CEO of Egerton SACCO in 2015. An enquiry report led to his and other board members' illegal dismissal orchestrated by the Commissioner of Cooperative. Rutto seeks orders for the respondents to pay his accrued and unpaid pension contributions, resume his position as CEO, and quash the 1st respondent's decision to employ the 2nd respondent as CEO.
Issues
- Whether the preliminary objections raised are with merit.
- Whether the judicial review orders sought should issue.
- Who should pay costs.
Reasoning
The applicant should have moved the court under a Memorandum of Claim, as per the Employment and Labour Relations Court (Procedure) Rules, 2016. The application is dismissed.
Outcome
Application dismissed.
Orders
- Orders sought shall not issue.
Authorities cited
Legislation (4)
- Fair Administrative Actions Act
- Employment Act
- Labour Relations Court Act
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (1)
- Pater Ndegwa Nderitu versus Teachers Service Commission Petition No.11 of 2018 (Nakuru)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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