Kulundu v Chief Executive Officer, Independent Electoral and Boundaries Commission & 9 others (Employment and Labour Relations Petition E170 of 2022) [2023] KEELRC 1808 (KLR) (27 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1808
- Citation
- [2023] KEELRC 1808 (KLR)
- Decided
- 27 July 2023
Summary at a glance
TypeEmployment and Labour Relations PetitionPostureApplication to strike out and/or expunge Respondents from the court recordCoramNDOLO
The 4th to 10th Respondents are no longer members of the Independent Electoral and Boundaries Commission and should be struck out of the suit.
Facts
The Petitioner, Ruth Khatievi Kulundu, filed an interdiction against the Chief Executive Officer of the Independent Electoral and Boundaries Commission and nine other Respondents. The Respondents filed an application seeking to strike out and expunge the 4th to 10th Respondents from the court record.
Issues
- Whether the Petitioner has a valid cause of action against the 4th to 10th Respondents
- Whether the 4th to 10th Respondents are still members of the Independent Electoral and Boundaries Commission
Reasoning
The Tribunal found that the 7th, 8th, and 9th Respondents were removed from office due to gross misconduct, and the 10th Respondent was recommended for removal. The Respondents' tenures expired, and they were removed from office.
Outcome
The application to strike out and expunge the 4th to 10th Respondents from the court record was granted.
Orders
- The 4th to 10th Respondents were struck out of the suit
Authorities cited
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