Republic v Lake Basin Development Authority; Chere (Exparte Applicant) (Judicial Review E015 of 2022) [2023] KEELRC 675 (KLR) (16 March 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 675
- Citation
- [2023] KEELRC 675 (KLR)
- Decided
- 16 March 2023
The ex parte applicant’s motion is not defective by the mere reason that it is not accompanied by a statement of facts or supporting affidavit, and the ex parte applicant merits grant of judicial review orders.
Facts
The applicant, Frederick Onyango Chere, was summarily dismissed from his position as Chief Manager-Human Resources by the Lake Basin Development Authority on September 9, 2022. He seeks judicial review of this decision.
Issues
- Legality of the decision to dismiss the applicant
- Procedural impropriety in the disciplinary process
- Authority of the Ministry to dismiss employees
Reasoning
The court held that the decision to dismiss the applicant was not tainted with illegality, irrationality, and procedural impropriety, and that the applicant is not an employee of the Ministry but of the respondent's board.
Outcome
The ex parte applicant’s motion is not defective and the court grants the application for judicial review.
Orders
- Order of judicial review by way of certiorari
- Order of judicial review by way of mandamus
- Order of judicial review by way of prohibition
Remedies
- Reinstatement to previous position
- Release of ex parte applicant's salary
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Interpretations and General Provisions Act
Cases cited (2)
- Republic v Land Disputes Tribunal Court Central Division and another ex-parte Nzioka
- Republic v National Land Commission and another; Ex parte Farmers Choice Limited
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