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Jonathan Chepkwony v George Makateto, Acting Chief Executive Officer, Export Processing Zone Authority (EPZA) & 2 others [2021] KEELRC 791 (KLR)

[2021] KEELRC 791 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
791
Citation
[2021] KEELRC 791 (KLR)
Decided
8 October 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDisciplinary PetitionPostureRespondents' appeal from a Petition seeking a declaration and injunctionCoramLady Justice Maureen Onyango
Holding

The Court finds that the Petitioner's rights have not been violated and that the Petition is premature. The Petitioner is not deserving of the orders sought.

Facts

Petitioner was employed by the Respondent and received a Notice to Show Cause on 13th June 2019. He requested an adjournment due to insufficient information, but the Respondents proceeded with the disciplinary process.

Issues

  1. Whether the Petitioner's rights have been violated
  2. Whether the Petitioner is entitled to the orders sought
  3. Who bears the costs of the case

Reasoning

The Court upholds the Respondents' right to conduct an internal disciplinary process and finds that the Petitioner's petition was premature.

Outcome

The Petition is dismissed

Authorities cited

Legislation (3)
  • Employment Act, 2007
  • Constitution of Kenya, 2010
  • Fair Administrative Action Act
Cases cited (2)
  • Maureen K. Imbiakah & Another v Teachers’ Service Commission & 2 Others [219]eKLR
  • Kisumu ELRC Petition No. 20 of 2017
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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