Lukale Moses Sande v Governor, County of Kakamega & 3 others [2022] KEELRC 575 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 575
- Citation
- [2022] KEELRC 575 (KLR)
- Decided
- 10 March 2022
Summary at a glance
TypePreliminary ObjectionPostureRespondents filed a Preliminary Objection to the Applicant's ApplicationCoramMinoti, Nyarangi, SAL
The court has no jurisdiction to grant the conservatory orders of temporary injunction as sought under the Application dated 30th November 2021.
Facts
The Applicant seeks a conservatory order of temporary injunction to prevent the Respondents from interviewing, appointing, vetting, confirming, or offering employment to any person for the position of County Attorney of Kakamega County pending the hearing and determination of the application.
Issues
- Jurisdiction of the court to grant conservatory orders
- Precedent of granting conservatory orders to similar applications
Reasoning
The court found it lacks jurisdiction over the subject matter, as the appeal for the recruitment exercise must be before the Public Service Commission, and the court cannot establish a prima facie case without jurisdiction.
Outcome
The court dismissed the Application
Authorities cited
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