Marango & 4 others v County Public Service Board - Bungoma County & 3 others (Miscellaneous Application E006 of 2023) [2023] KEELRC 1630 (KLR) (6 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1630
- Citation
- [2023] KEELRC 1630 (KLR)
- Decided
- 6 July 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondents filed a Notice of Preliminary Objection to strike out the Applicants' Notice of Motion ApplicationCoramJW KELI, Minoti, Nyarangi
The court has first instance jurisdiction to entertain the Notice of Motion application
Facts
The Applicants sought interim conservatory orders to stop the 1st respondent from issuing appointment letters to successful nominees for certain positions. The 1st, 3rd, and 4th Respondents filed a Notice of Preliminary Objection seeking to strike out the application.
Issues
- First instance jurisdiction
- Sub judice
- Basis for grant of orders
- Proper enjoined parties
- Merit of the application
Reasoning
The court ruled that it had jurisdiction under section 87(2) of the Public Service Commission Act, 2017, and that a clear procedure for redress is not available before the Public Service Commission.
Outcome
The Notice of Motion application was not struck out
Orders
- Interim conservatory orders stopping the 1st respondent from issuing appointment letters to successful nominees for certain positions
Authorities cited
⚠ 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.
Loading judgment…