Republic v Chief Magistrare Court, Migori; John & 10 others (Interested Parties) (Judicial Review Application E001 of 2023) [2023] KEELRC 1065 (KLR) (4 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1065
- Citation
- [2023] KEELRC 1065 (KLR)
- Decided
- 4 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureRespondent's Motion for Preliminary Objection and Notice of MotionCoramCN BAARI, KLR Nduma
Holding
The preliminary objection is dismissed with costs.
Facts
Interested parties/applicants seek the striking out of a judicial review application due to alleged defects in invoking jurisdiction, and seek orders to stay ex parte orders and bar contempt proceedings.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Contempt proceedings
Reasoning
The court dismissed the preliminary objection as the applicants' reliefs were not spent and the court addressed each prayer as if it survived the inter partes stage. The court found the issues within its jurisdiction.
Outcome
The application is dismissed.
Orders
- Orders to stay ex parte orders and bar contempt proceedings are denied.
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Civil Procedure Rules
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (2)
- Samuel M. N Mweru and other v National Land Commission & 2 others [2020] eKLR
- Nick Githinji Ndichu v Clerk Kiambu County Assembly and another [2014] eKLR
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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