Muganda v Waweru & another (Constitutional Petition E075 of 2022) [2022] KEELRC 1205 (KLR) (31 May 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1205
- Citation
- [2022] KEELRC 1205 (KLR)
- Decided
- 31 May 2022
Summary at a glance
TypeConstitutional PetitionPostureInterlocutory ApplicationCoramSC RUTTO
The Court finds that the Applicant's interim orders are not merited and refuses to interfere with the ongoing disciplinary proceedings.
Facts
The Applicant, Lynette Washiali Muganda, has moved the Employment and Labour Relations Court against JM Waweru and Kenya Wildlife Service, alleging contravention of fundamental rights and freedoms under Article 159 of the Constitution of Kenya and seeking interim orders to prohibit disciplinary proceedings against her.
Issues
- Whether the interim orders sought by the Applicant are merited.
- Whether the Applicant has a prima facie case with a likelihood of success and is likely to suffer irreparable injury if the orders are not granted.
Reasoning
The Court held that the Applicant's prima facie case is not strong enough to warrant interim orders. The disciplinary process against the Applicant has been ongoing since January 2022, and she has not challenged the process in substance. The Court emphasized that it should not take over managerial prerogatives at the workplace unless there are irregularities.
Outcome
The Court dismissed the application.
Authorities cited
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