Orwa v County Government of Kakamega & another (Cause 20A of 2022) [2022] KEELRC 13056 (KLR) (1 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13056
- Citation
- [2022] KEELRC 13056 (KLR)
- Decided
- 1 November 2022
Summary at a glance
TypeLabor DisputePostureAppeal from a preliminary objectionCoramJW KELI, Minoti
The court finds that the claimant was an employee of the respondents and that the claim should be pursued under the Employment and Labour Relations Court Act.
Facts
The claimant, Benjamin Mudimo Orwa, filed a suit against the County Government of Kakamega and the Kakamega County Public Service Board, alleging unfair labor practices, discrimination, demotion, and underpayment.
Issues
- Whether the claimant was an employee of the respondents at the time of filing the claim
- Whether the claim should be pursued under the provisions of the County Government Act
Reasoning
The court agrees with the claimant that the submissions of the respondents would lock out all employees whose employment has been terminated, which would be an absurd interpretation of the law.
Outcome
The court dismissed the preliminary objection and allowed the claim.
Authorities cited
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