Forum for Good Governance and Human Rights v Public Service Commission & 4 others; Central Organisation of Trade Unions (COTU-K) & 2 others (Interested Parties) (Employment and Labour Relations Petition E058 of 2023) [2023] KEELRC 2311 (KLR) (29 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2311
- Citation
- [2023] KEELRC 2311 (KLR)
- Decided
- 29 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations PetitionPosturePetition opposed by Respondents and Interested Parties, preliminary objection filedCoramAN MWAURE
Holding
The court has jurisdiction to deal with the issues raised under article 162(2)(a) of the constitution of Kenya 2010 and section 12 of Employment and Labour Relations court.
Facts
Petitioner seeks to challenge the constitutionality of sections 49 and 54(6) of the Labour Relations Act and seeks to quash or delete the section. Petitioner also seeks an order of certiorari.
Issues
- Whether the court has jurisdiction to entertain the petition and application
- Whether the petitioner has locus standi
Reasoning
The preliminary objection is not merited as it requires evidence to prove the same, and the court has jurisdiction to handle trade union matters.
Outcome
Preliminary objection dismissed
Orders
- The parties are at liberty to move the court to full hearing where the matters raised can be canvassed in their entirety and clear determination arrived at
Authorities cited
Legislation (2)
- Labour Relations Act
- Constitution of Kenya 2010
Cases cited (2)
- Mukhisa biscuits Manufacturing Ltd vs West End Distributors
- Peter Mungai vs Joseph Naaba Kuria & Another
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.
Loading judgment…