Okiya Omtatah Okoiti v Parliamentary Service Commission & another [2021] KEELRC 1471 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1471
- Citation
- [2021] KEELRC 1471 (KLR)
- Decided
- 8 June 2021
Summary at a glance
TypePetition for Preliminary ObjectionsPostureRespondents filed Notices of Preliminary ObjectionsCoramCA
The court has jurisdiction over the matter and the petitioner has locus standi to file the petition.
Facts
The petitioner alleges that the 1st respondent (Parliamentary Service Commission) violated the Employment and Labour Relations Court Act by appointing the 2nd respondent (Michael Rotich Sialai) as the Clerk of the National Assembly without House approval and after attaining mandatory retirement age.
Issues
- Court's jurisdiction
- Petitioner's locus standi
- Exhaustion of alternative dispute resolution mechanisms
- Constitutional violations
Reasoning
The court's jurisdiction is derived from Article 162(2)(a) and (3) of the Constitution, 2010, which grants the court jurisdiction over employment and labour relations disputes. The court also determined that the petitioner has the right to file the petition.
Outcome
The petition is allowed to proceed.
Authorities cited
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