Njuguna & 3 others (Suing on their own behalf and on behalf of 63 other former employees of the Directorate of Civil Aviation, a department within the Ministry of Transport and Communications) v Attorney General & 2 others (Judicial Review Application 3 of 2015) [2022] KEELRC 12825 (KLR) (31 May 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 12825
- Citation
- [2022] KEELRC 12825 (KLR)
- Decided
- 31 May 2022
Summary at a glance
TypeJudicial ReviewPosturePreliminary objection to notice of motionCoramLinnet Ndolo
The application is struck out with no order for costs.
Facts
The plaintiffs are former employees of the Directorate of Civil Aviation who are suing the Attorney General and the Kenya Civil Aviation Authority. The case involves salary arrears and wrongful dismissal.
Issues
- Whether the notice of motion violates rule 33(6) of the Employment and Labour Relations Court (Procedure) Rules
- Whether the application is res judicata
- Whether the court has jurisdiction to hear the application
- Whether the application is grossly incompetent and an abuse of the court process
Reasoning
The court upholds the preliminary objection based on rule 33(6) of the Employment and Labour Relations Court (Procedure) Rules, as the applicant is seeking to review an order made on review, which is barred by the law.
Outcome
The application dated July 22, 2021 is struck out with no order for costs.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…