Catherine Kamau & 9 others v Speaker of the County Assemley of Nakuru Clerk Nakuru County Asembly & another [2021] KEELRC 1474 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1474
- Citation
- [2021] KEELRC 1474 (KLR)
- Decided
- 27 January 2021
The court lacks jurisdiction due to the petitioners not being in a relationship with the respondents as contemplated under Section 12 of the Employment and Labour Relations Court Act, 2011 or the preamble thereof as read together with Article 162(2) of the Constitution, 2010.
Facts
Petitioners are nominated members of the County Assembly of Nakuru representing marginalized groups. They claim they are entitled to Ksh.118,333 per month for facilitation, office rent, and office operations, but have not received this amount. The respondents are the Speaker, Clerk, and County Assembly of Nakuru.
Issues
- Petitioners' entitlement to Ksh.118,333 per month for facilitation, office rent, and office operations.
- Court's jurisdiction to interpret the constitution and make a determination regarding the alleged discrimination.
Reasoning
The court held that the petitioners are not in a relationship with the respondents as required by the Employment and Labour Relations Court Act and the Constitution. The court cannot address the Ward development allocations, which are the subject of the petition.
Outcome
The petition is dismissed.
Authorities cited
Legislation (1)
- Employment and Labour Relations Court Act, 2011
Cases cited (2)
- Owners of the Motor Vessel “Lilian S” versus Caltex Oil (Kenya) Limited
- Ali Jarso Wako & another versus Ministry of Interior & Coordination of National Government & 5 others; Public Service Commission & 5 others (Interested Parties)
Loading judgment…