Republic v Teacher Service Commission; Shianzwi (Interested Party) (Judicial Review 2 of 2022) [2022] KEELRC 13378 (KLR) (1 December 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13378
- Citation
- [2022] KEELRC 13378 (KLR)
- Decided
- 1 December 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte Chamber Summons ApplicationCoramJW KELI
Leave to seek a Certiorari order is declined, and the entire exparte Chamber Summons is dismissed with costs to the Respondent.
Facts
The Respondent dismissed the Interested Party from employment on December 10, 2020, and the decision was upheld on March 9, 2022. The Applicant sought judicial review of the dismissal decision.
Issues
- Whether the Applicant's application for leave to seek a Certiorari order was timely.
- Whether the Applicant's application for an order of Mandamus was valid given the dismissed order was still in place.
Reasoning
The court found that the dismissal decision was made on December 10, 2020, and the application for leave to seek a Certiorari order was outside the six-month period. The court also held that the Order of Mandamus sought was hinged on the Order of Certiorari, which was unmerited.
Outcome
The suit is struck out, and the Applicant is free to file a normal claim within the statutory limitation.
Orders
- Leave to seek a Certiorari order is declined.
- The entire exparte Chamber Summons is dismissed with costs to the Respondent.
Remedies
- None
Authorities cited
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