Kenya National Union of Nurses v Cabinet Secretary, Ministry of Public Service, Youth and Gender Affairs & 3 others [2022] KEELRC 913 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 913
- Citation
- [2022] KEELRC 913 (KLR)
- Decided
- 3 February 2022
The Preliminary Objection is declined, and the Petition is dismissed.
Facts
The Petitioner, Kenya National Union of Nurses, seeks to challenge the decision of the Respondents (Cabinet Secretary, Ministry of Public Service, Youth and Gender Affairs, Public Service Commission, and National Employment Authority) to introduce new performance measurement tools in the public service.
Issues
- Jurisdiction of the Employment and Labour Relations Court (E&LRC) in constitutional litigation regarding employment and labour relations matters.
- Whether the E&LRC has exclusive jurisdiction over the Petition involving employment in the public service and performance measurement tools.
Reasoning
The Court of Appeal decision in Daniel N. Mugendi v. Kenyatta University & 3 Others [2013] e-KLR established that the High Court does not have jurisdiction to entertain matters relating to fundamental rights in employment and labour relations. The E&LRC has exclusive jurisdiction over these matters, as per Article 165[5][b] of the Constitution.
Outcome
The Petition is dismissed.
Orders
- Preliminary Objection Declined
- No order on the costs.
Authorities cited
Legislation (2)
- Article 165 of the Constitution of Kenya 2010
- Section 12 of the Employment and Labour Relations Court Act
Cases cited (2)
- Daniel N. Mugendi v. Kenyatta University & 3 Others [2013] e-KLR
- Bernard Odero Okello & Another v. Cabinet Secretary for Industrialization & Others [2020] e-KLR
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