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Benjamin v Attorney General & 2 others; Malokwe & 53 others (Interested Parties) (Petition E207 of 2022) [2023] KEELRC 962 (KLR) (27 April 2023) (Ruling)

[2023] KEELRC 962 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
962
Citation
[2023] KEELRC 962 (KLR)
Decided
27 April 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent sought to dismiss the petition and strike out the petition except for the 52nd Interested PartyCoramBYRAM ONGAYA
Holding

The application is hereby dismissed

Facts

The petition was related to skewed and irregular appointments of Principal Secretaries (PS) and Principal Administrative Secretaries (PAS) and alleged contraventions of various constitutional provisions.

Issues

  1. Whether there is an established case for the grant of an order of stay of proceedings
  2. Whether the initiated appeal relates to a ruling or order made in the instant petition

Reasoning

The initiated appeal does not relate to a ruling or order made in the instant petition, and the petition is struck out except for the 52nd Interested Party.

Outcome

The application is dismissed and the petition is struck out except for the 52nd Interested Party.

Orders

  • The application is hereby dismissed
  • The petition is hereby struck out except for the 52nd Interested Party
  • The petitioner is at liberty to prosecute the residual petition in terms of the exception in terms of order (2) above
  • Each party to bear own costs of proceedings
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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