Kapoloni v Cabinet Secretary for the National Treasury and Planning & 3 others; Hussun (Interested Party) (Employment and Labour Relations Petition E172 of 2021) [2022] KEELRC 12892 (KLR) (13 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12892
- Citation
- [2022] KEELRC 12892 (KLR)
- Decided
- 13 October 2022
Summary at a glance
TypeEmployment and Labour Relations PetitionPostureRespondents and Interested Party filed opposition and submissions, Petitioner filed grounds of opposition and submissionsCoramJK GAKERI, Majanja, Nyarangi
The court has jurisdiction to hear and determine the petition as it derives its jurisdiction from the Constitution of Kenya, 2010 and the Employment and Labour Relations Court Act, 2011.
Facts
Petitioner filed a petition against 4 Respondents and Interested Party, praying for various declarations and orders regarding the Interested Party's involvement in situations of conflict of interest and the constitutionality of their appointment as a Board Member of Kenya Railways Corporation.
Issues
- Whether the court has jurisdiction to hear and determine the petition
- Whether the Petitioner is entitled to the reliefs sought
Reasoning
The court's jurisdiction is derived from the Constitution and the Employment and Labour Relations Court Act, 2011. The court must have jurisdiction to enforce labour rights and interpret the Constitution and fundamental rights and freedoms.
Outcome
The petition is dismissed for lack of jurisdiction.
Orders
- Judicial review orders for the issuance of declarations and orders
Authorities cited
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