Macharia v Council of Governors & 48 others; Local Authorities Provident Fund (lapfund) & another (Interested Parties) (Petition E047 of 2021) [2021] KEELRC 2308 (KLR) (8 November 2021) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2308
- Citation
- [2021] KEELRC 2308 (KLR)
- Decided
- 8 November 2021
Summary at a glance
The application and petition are stayed pending the determination of the Petitions and causes before the Principal Judge.
Facts
The Petitioner, Jane Wanjiru Macharia, alleges threats to her rights and fundamental freedoms under Articles 40 and 47 of the Constitution of Kenya 2010, and seeks to secure KShs. 120 billion of the County Government workers' pension funds and the implementation of the County Government Retirement Scheme (CGRC) Act 2019.
Issues
- Public participation
- Sub judice rule
- Doctrine of legitimate expectation
- Res judicata
Reasoning
The Court found the application and petition to be bound by the doctrine of sub judice and res judicata, and the issues are substantially in issue in a pending case before the Principal Judge.
Outcome
Application and petition dismissed with no order as to costs
Orders
- Stay of the application and petition pending the determination of the pending case before the Principal Judge.
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