Munyasya v Kenya National Union of Teachers & another (Employment and Labour Relations Cause E457 of 2023) [2023] KEELRC 3176 (KLR) (30 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3176
- Citation
- [2023] KEELRC 3176 (KLR)
- Decided
- 30 November 2023
Summary at a glance
Facts
The claimant, Executive Secretary of the 1st Respondent's Mwingi branch, was suspended by the branch council on May 3, 2023, for unspecified reasons. The claimant alleges that the suspension was instigated by the 1st Respondent's National Executive Council, but the letter of suspension indicates it was the branch council's decision. The claimant claims he was invited to a meeting by the 2nd Respondent but was misled about the agenda, leading to his suspension.
Issues
- Whether the claimant's suspension was valid under the 1st Respondent's Constitution.
- Whether the claimant should have appealed to the National Executive Council before filing the lawsuit.
Reasoning
The claimant's suspension was based on a decision by the 1st Respondent's Mwingi Branch Executive Council, as per the Constitution. The court found that the claimant should have appealed to the National Executive Council, which was not done.
Outcome
The claimant's suspension was upheld.
Authorities cited
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