Sergeant Charles Mwikya Keli v Commanding Officer Shimo La Tewa Government of Kenya Prison & 3 others [2021] KEELRC 1806 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1806
- Citation
- [2021] KEELRC 1806 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant's AppealCoramLINNET NDOLO
Holding
The Court finds the objection not well taken and proceeds to overrule it with costs to the Claimant.
Facts
The Claimant, Sergeant Charles Mwikya Keli, filed a Memorandum of Claim challenging his removal from the Kenya Prisons Service. The Respondents objected to the suit, claiming the Claimant should have exhausted appeal remedies at the public service.
Issues
- Exhaustion of remedies
- Judicial Review
Reasoning
The Court upholds the Claimant's claim, finding no provisions that oust its jurisdiction, and the issues raised are substantive.
Outcome
Claimant's claim upheld
Orders
- Claimant's claim is upheld
- Costs to the Claimant
Authorities cited
Legislation (3)
- Fair Administrative Action Act, 2015
- Human Resource Policies and Procedures Manual for the Public Service, 2016
- Prison Rules
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Co. Ltd (1969) EA, 696
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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