Itolondo v Vice Chancellor of Kenyatta University (Petition E153 of 2022) [2023] KEELRC 882 (KLR) (14 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 882
- Citation
- [2023] KEELRC 882 (KLR)
- Decided
- 14 April 2023
Summary at a glance
TypePetition for Interlocutory ReliefPostureRespondent filed a preliminary objection, and both parties filed applications seeking a stay order and further directions.
The Court found that it has jurisdiction to hear the dispute and should stay the implementation of the Report on Reforms and Restructuring of Kenyatta University.
Facts
The Petitioner alleges that the Vice Chancellor of Kenyatta University failed to follow the required legal procedures in producing a Report on Reforms and Restructuring of the university, and is seeking a stay order on the implementation of the report.
Issues
- Whether the Court has jurisdiction to hear and determine the dispute.
- If the Court has jurisdiction, whether it should stay the implementation of the Report on Reforms and Restructuring of Kenyatta University.
Reasoning
The Court ruled that the case falls within the jurisdiction of the Court and that the Respondent's objection based on the doctrine of exhaustion of remedies is not valid.
Outcome
The Court granted the stay order.
Orders
- A stay order on the implementation of the Report on Reforms and Restructuring of Kenyatta University until the Application and petition have been heard and determined.
- Further directions and orders as deemed necessary to give effect to the foregoing orders and/or favour the case of justice.
Remedies
- Stay of implementation of the Report on Reforms and Restructuring of Kenyatta University.
Authorities cited
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