Mutali v Busia Water and Sanitation Company Limited (Employment and Labour Relations Cause 5 of 2020) [2023] KEELRC 2249 (KLR) (29 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2249
- Citation
- [2023] KEELRC 2249 (KLR)
- Decided
- 29 September 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureApplication for leave to not report judgment on Kenya Law OnlineCoramJW KELI
Holding
The court denied the application, finding that the judgment should remain published as it is a necessary part of the common law doctrine of stare decisis.
Facts
Claimant filed an application seeking to have a judgment in a previous employment case removed from Kenya Law Online due to concerns about her job prospects and family anguish.
Issues
- Whether the judgment should be removed from Kenya Law Online
- Whether the removal of the judgment would violate the claimant's right to a fair hearing
Reasoning
The court held that the statutory mandate of reporting judgments by Kenya Law is mandatory and that the judgment should be published to support the doctrine of stare decisis. The claimant's concerns about job opportunities and family anguish were not sufficient to warrant the removal of the judgment.
Outcome
Application denied
Authorities cited
Legislation (1)
- National Council for Law Reporting Act, No. 7 of 2007
Cases cited (1)
- Tumaz and Tumaz Enterprises Limited & 2 others v National Council for Law Reporting (Miscellaneous Civil Case E144 of 2021) [2022] KEHC 14747 (KLR) (1 November 2022) (Judgment)
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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