SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Benjamin v Cabinet Secretary, Ministry of Information Communication and Digital Economy & 4 others; Juma & 60 others (Interested Party) (Petition E027 of 2023) [2023] KEELRC 1246 (KLR) (23 May 2023) (Ruling)

[2023] KEELRC 1246 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
1246
Citation
[2023] KEELRC 1246 (KLR)
Decided
23 May 2023
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 Preliminary ObjectionPostureRespondents' Preliminary Objection to PetitionCoramJK GAKERI, J
The court has jurisdiction to hear and determine the application and petition.

Facts

Petitioner Benjamin challenges the appointment of the Interested Parties as members of the Media Council of Kenya by the selection panel initiated by the Cabinet Secretary.

Issues

  • Whether the court has jurisdiction to hear and determine the application and petition
  • Whether the court lacks jurisdiction to hear and grant the orders sought

Reasoning

The court held that the issues raised in the petition fall within the jurisdiction of the Employment and Labour Relations Court as per the Employment and Labour Relations Court Act, 2011, and the Constitution of Kenya, 2010.

Outcome

The Preliminary Objection is dismissed.

Authorities cited

Legislation (2)
  • Employment and Labour Relations Court Act, 2011
  • Constitution of Kenya, 2010
Cases cited (3)
  • Rift Valley Water Services Board & 3 others v Geoffrey Asanyo & 2 others (2022)
  • Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd
  • Owners of Motor Vessel “Lilian S” v Caltex Oil (Kenya) Limited
⚠ 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.
Full judgment 0.3 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case