Republic v Secretary,Bungoma County Public Service Board & 2 others; Munyapara (Exparte Applicant) (Judicial Review E002 of 2023) [2023] KEELRC 3158 (KLR) (29 November 2023) (Ruling)

Summary at a glance

Facts

The Ex Parte Applicant, a person living with disability, was not assigned a station and had his salary stopped by the Respondents. He filed a Judicial Review Application seeking to prohibit the Respondents from violating his rights and to reinstate his salary and station.

Issues

• Whether the Court has jurisdiction to hear and determine the suit.
• Whether the Ex Parte Applicant's rights were violated and if the Respondents failed to follow due process.

Reasoning

The Court held that the Court has original and appellate jurisdiction in all employment and labour matters including constitutional issues under such matters pursuant to Article 162(2)(b) of the Constitution. The Court also held that the Ex Parte Applicant's rights were violated and the Respondents failed to follow due process.

Outcome

The Ex Parte Applicant's application for judicial review was granted.

Orders

• The 1st, 2nd and 3rd Respondents be and are hereby prohibited from violating and continuing to violate the rights of the Ex Parte Applicant who is a person living with disability in his service to the public in the county.
• The 1st, 2nd and 3rd Respondents be and are hereby compelled to reinstate the monthly salary from the April 2023 and other allowances attached thereto.
• The Respondents be and are herby compelled to reinstate the Applicant and assign him a station as meat grader/senior manager at the Webuye slaughte

Remedies

• Prohibition of violating the rights of the Ex Parte Applicant.
• Reinstatement of monthly salary and allowances.
• Reinstatement and assignment of a station as meat grader/senior manager at the Webuye slaughte

Authorities cited