Ahmed v Panyako, General Secretary Kenya National Union of Nurses & 2 others (Petition E044 of 2021) [2021] KEELRC 509 (KLR) (9 November 2021) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 509
- Citation
- [2021] KEELRC 509 (KLR)
- Decided
- 9 November 2021
Summary at a glance
TypeLabour Relations DisputePosturePetition to declare elections null and void, seek injunction, and order fresh electionsCoramJAMES RIKA
Petition is struck out with no order on costs
Facts
Petitioner is a Nurse and Member of the Kenya National Union of Nurses. She challenges elections conducted by the Union on 26th February 2021. She resigned from her position as Machakos County Branch Secretary in December 2019 due to a management position in the County Government.
Issues
- Validity of elections
- Petitioner's eligibility to contest the position of General Secretary
- Proper procedure for challenging election results
Reasoning
Petitioner is a Public Officer and in a management position, making her ineligible to contest the position of General Secretary. The Court finds no persuasive reason for the Petitioner to avoid statutory provisions for challenging election results.
Outcome
Petition dismissed
Orders
- Application by Respondents dated 7th June 2021 is allowed
- Petition is struck out with no order on costs
Authorities cited
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