Riaga v Kenya Water Institute & 2 others (Petition E226 of 2022) [2023] KEELRC 1045 (KLR) (27 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1045
- Citation
- [2023] KEELRC 1045 (KLR)
- Decided
- 27 April 2023
Summary at a glance
TypePetitionPostureAppeal from the original trial outcomeCoramBOM MANANI, Kariuki, Kiage, Mativo, Okwengu
The Employment and Labour Relations Court (ELRC) has jurisdiction to handle constitutional issues arising from employer-employee disputes.
Facts
The petitioner, Kennedy Ro Riaga, was an employee of the Kenya Water Institute until his contract was terminated on December 19, 2022. He filed a petition challenging the lawfulness of the termination.
Issues
- The petitioner claims the termination of his contract was unlawful due to procedural and substantive requirements in law and the Constitution.
- The petitioner argues that the letter sent on November 7, 2022, terminating his leave in effect terminated his contract.
- The petitioner contends that the institute's internal procedures did not provide for compulsory leave placement.
- The petitioner asserts that the institute's actions immediately after sending him on leave violated his rights.
Reasoning
The court rules that the ELRC has jurisdiction to entertain constitutional petitions arising from employment disputes, as per the Employment and Labour Relations Court (Procedure) Rules, 2016, and previous court decisions.
Outcome
Affirmed
Authorities cited
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