National Nurses Association of Kenya v Nursing Council of Kenya & 3 others; Cabinet Secretary Ministry of Health & 3 others (Interested Parties) (Employment and Labour Relations Petition E230 of 2023) [2024] KEELRC 1280 (KLR) (23 May 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1280
- Citation
- [2024] KEELRC 1280 (KLR)
- Decided
- 23 May 2024
Summary at a glance
TypeEmployment and Labour Relations PetitionPosturePetitioner seeks to challenge the legality of certain regulations and the appointment of the Registrar/CEO of the Nursing Council of Kenya.CoramMN NDUMA
The court lacks jurisdiction to hear and determine the petition.
Facts
The petition alleges that Ms. Edna Chemutai Tallam, the Registrar/CEO of the Nursing Council of Kenya, has not completed her mandatory terms of service and that the Nurses and Midwives (Fees) Regulation, 2023, was promulgated without public participation.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Employer-Employee Relationship
- Labour Dispute
- Constitutional Validity of Regulations
Reasoning
The court finds that the appointment of the Registrar/CEO and the dispute arising therefrom are matters related to employment and labour. The lawfulness of the Nurses and Midwives (Fees) Regulation 2023 is a proper matter for adjudication by the Employment and Labour Relations Court.
Outcome
The preliminary objections are dismissed with costs.
Authorities cited
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