Kenya Union of Pre-Primary Education Teachers v County Public Service Board of Nyeri County Government & another; Salaries and Remuneration Commission (Interested Party) (Employment and Labour Relations Cause E030 of 2022) [2023] KEELRC 1433 (KLR) (9 June 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1433
- Citation
- [2023] KEELRC 1433 (KLR)
- Decided
- 9 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations CausePostureRespondents filed a Notice of Preliminary ObjectionCoramON MAKAU
Holding
The court lacks jurisdiction to hear the suit due to the exhaustion of the internal appeal mechanism
Facts
The County Public Service Board employed ECDE teachers on fixed-term contracts, while other employees were hired on permanent terms with better conditions.
Issues
- Whether the court lacks jurisdiction to hear the suit
- Whether the preliminary objection raises a pure point of law
Reasoning
The court ruled that the respondents' internal appeal mechanism must be exhausted before the Employment and Labour Relations Court can hear the case.
Outcome
The suit was struck out with costs
Orders
- The suit was struck out with costs
Authorities cited
Legislation (4)
- Article 234 of the Constitution
- County Government Act, 2012
- Public Service Commission Act, 2017
- Fair Administrative Action Act
Cases cited (2)
- Mukisa Biscuits Manufacturing Co Ltd v West End Distributors Ltd
- Public Service Commission (County Government Services Appeals Procedure) Regulations
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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