Matheka v Nyaga & another; Registrar of Trade Unions (Interested Party) (Employment and Labour Relations Petition E015 of 2022) [2022] KEELRC 12945 (KLR) (27 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 12945
- Citation
- [2022] KEELRC 12945 (KLR)
- Decided
- 27 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetitioner seeks to challenge the removal of the petitioner as Treasurer of the Kenya Airline Pilots AssociationCoramMN NDUMA
Holding
The petitioner was removed from his position as Treasurer in violation of the Kenya Airline Pilots Association Constitution and the Fair Administrative Action Act
Facts
The petitioner was elected as Treasurer of the Kenya Airline Pilots Association on April 1, 2021. The Executive Council removed the petitioner from his position on December 6, 2021, without a hearing.
Issues
- Whether the petitioner was removed from his position as Treasurer in violation of the Kenya Airline Pilots Association Constitution and the Fair Administrative Action Act
- Whether the petitioner is entitled to the reliefs sought
Reasoning
The petitioner was not notified of the meeting and its intended Agenda, and the respondent failed to produce the minutes of the meeting. The petitioner is entitled to be granted prayers (a) (b) (c) (d) (e) of the petition.
Outcome
The petitioner is entitled to the reliefs sought
Remedies
- To be granted prayers (a) (b) (c) (d) (e) of the petition
Authorities cited
Legislation (4)
- Kenya Airline Pilots Association (KALPA) 2015 Constitution
- Fair Administrative Action Act, 2015
- Employment and Labour Relations Court Act
- Constitution of Kenya, 2010
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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