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Pauline Akuku & 3 others v Speaker, Nairobi City County Assembly & 4 others [2022] KEELRC 884 (KLR)

[2022] KEELRC 884 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
884
Citation
[2022] KEELRC 884 (KLR)
Decided
8 February 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetition for Enforcement of Fundamental RightsPosturePetitioners seek to withdraw their petition and notice of motionCoramJustice Dr. Jacob Gakeri
The Court agrees that the Petitioners have the right to withdraw their petition and notice of motion under the Constitution of Kenya and the relevant rules.

Facts

Petitioners filed a petition and notice of motion on November 2, 2021, seeking various reliefs pending the hearing and determination of the application.

Issues

  • Whether the withdrawal of the petition and notice of motion is merited
  • Whether Mrs. Kamau was properly before the Court

Reasoning

The Court applies the provisions of Order 25 Rule 1 of the Civil Procedure Rules and Rule 27 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, finding that the Petitioners have the right to withdraw their petition and notice of motion.

Outcome

The Court allows the withdrawal of the petition and notice of motion.

Orders

  • Petitioners' notice of withdrawal is allowed

Authorities cited

Legislation (6)
  • Civil Procedure Rules
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013
  • County Assembly Service Act 2017
  • Fair Administrative Actions Act 2015
  • Public Officer Ethics Act 2003
  • Employment Act 2007
Cases cited (3)
  • Kofinaf Company Limited & another v Nahashon Ngige Nyagah & 20 others [2017] eKLR
  • Harry John Paul Arigi & 2 others v Board, Kenya Ports Authority & 2 others [2016] eKLR
  • Abdalla Salim Abdalla & 2 others v Office of Director of Public Prosecutions & 3 others [2020] eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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