Madida v Migori County Secretary & 2 others (Miscellaneous Application E067 of 2022) [2023] KEELRC 102 (KLR) (25 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 102
- Citation
- [2023] KEELRC 102 (KLR)
- Decided
- 25 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from dismissal of judicial review proceedingsCoramRADIDO
Holding
The Court finds no merit in the Motion and dismisses it with costs.
Facts
The applicant, Mary Atieno Madida, was terminated by the Migori County Secretary and Governor. She challenged the termination through judicial review proceedings, which were dismissed. She then appealed to the Public Service Commission, but the Respondents instructed her to hand over her office on December 6, 2022.
Issues
- Whether the Court has jurisdiction to grant an injunction restraining the Respondents from terminating the applicant's services.
- Whether the Court should grant an injunction pending the hearing and determination of the applicant's appeal before the Public Service Commission.
Reasoning
The Court determined that the Public Service Commission has jurisdiction over the termination of employment claims and that the applicant's Motion is an abuse of the court process.
Outcome
Dismissed with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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