Evans Shipala Mulunji (Suing as an Administrator of the Estate of Evelyne Khabukwi Mulunji) v County Government of Kakamega [2022] KEELRC 791 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 791
- Citation
- [2022] KEELRC 791 (KLR)
Summary at a glance
TypePreliminary ObjectionPostureRespondent's Preliminary Objection to Claimant's SuitCoramCHRISTINE N. BAARI
The court declines jurisdiction and strikes out the suit.
Facts
The Claimant filed a suit against the Respondent alleging wrongful termination and seeking damages. The Respondent argued that the suit was premature and should be struck out due to non-compliance with appeal procedures.
Issues
- Whether Section 77 of the County Government Act and Section 87(2) of the Public Service Commission Act oust the jurisdiction of the court.
- Whether the suit should be struck out due to non-compliance with appeal procedures.
Reasoning
The court held that the Public Service Commission Act requires that disputes arising from the County Government Public Service be referred to the Commission first, and that the suit should be struck out as it did not follow the required appeal procedures.
Outcome
The suit is struck out with no orders as to costs.
Authorities cited
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