Otieno & 37 others v Union of Kenya Civil Servants & 3 others (Petition E027 of 2023) [2023] KEELRC 3294 (KLR) (11 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3294
- Citation
- [2023] KEELRC 3294 (KLR)
- Decided
- 11 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor Relations PetitionPostureRespondents filed a Motion seeking to enlarge time to file and serve the replying affidavit out of time.CoramRADIDO
Holding
The Court admits the Respondents' affidavit filed out of time but grants the Petitioners an opportunity to file a further affidavit and issues a temporary order to stay the National Delegates Conference and Advisory Council meeting.
Facts
The Petitioners filed a petition alleging contraventions of various constitutional and statutory provisions. The Respondents filed an affidavit late, seeking an extension of time.
Issues
- Whether the Respondents' late filing of the affidavit should be admitted.
- Whether the Petitioners should be given an opportunity to file a further affidavit.
- Whether a temporary order should be issued to stay the National Delegates Conference and Advisory Council meeting.
Reasoning
The Court upholds the right to a fair hearing and ensures equality of arms by admitting the late filed affidavit but also provides the Petitioners with an opportunity to respond.
Outcome
The Court grants the Petitioners' request for a temporary stay of the National Delegates Conference and Advisory Council meeting.
Orders
- A temporary order staying the holding of the Advisory Council meeting and National Delegates Conference set for 18 December 2023 and 19 December 2023, respectively.
- The Court will agree with the parties on the timelines for ling the further affidavit, if need be, after this Ruling.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Labour Relations Act, 2012
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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