Khisa v Kenya Plantation and Agricultural Workers Union (Petition E25 of 2023) [2023] KEELRC 2943 (KLR) (17 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2943
- Citation
- [2023] KEELRC 2943 (KLR)
- Decided
- 17 November 2023
Summary at a glance
TypePetition for Declaration of Violation of Constitutional RightsPostureRespondent filed a notice of preliminary objection on a point of law applicationCoramBYRAM ONGAYA
The preliminary objection is dismissed with costs, and the matter is directed for further directions for expeditious determination of the petition.
Facts
Petitioner Meshack Khisa alleged that his rights and fundamental freedoms were violated by the Kenya Plantation and Agricultural Workers Union.
Issues
- Whether the petition is trapped by the principle of constitutional avoidance
- Whether the Court has jurisdiction to hear the petition
Reasoning
The Court found that the preliminary objection is procedural and does not meet the threshold for a point of law objection. The issues of constitutional violations are to be determined after taking evidence.
Outcome
Petition E25 of 2023 dismissed with costs
Orders
- Petition E25 of 2023 dismissed with costs
- Matters directed for further directions for expeditious determination of the petition
Authorities cited
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