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Mwangi v County Government of Kisii & 2 others (Petition E030 of 2023) [2024] KEELRC 13345 (KLR) (4 December 2024) (Ruling)

[2024] KEELRC 13345 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
13345
Citation
[2024] KEELRC 13345 (KLR)
Decided
4 December 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetition for Review of a JudgmentPostureRespondents' Motion to Set Aside a JudgmentCoramJK GAKERI
The Court finds the Notice of Motion merited and orders the matter to proceed to a de novo hearing.

Facts

The Petitioner filed a petition against the County Government of Kisii and two other respondents, alleging violations of constitutional rights and fundamental freedoms, and seeking various remedies.

Issues

  • Whether the Petitioner served the respondents
  • Whether the Notice of Motion is merited

Reasoning

The Court determined that the Petitioner did not serve the respondents as required by the rules, and thus the Notice of Motion is merited.

Outcome

The Court granted the Notice of Motion and ordered the matter to proceed to a de novo hearing.

Orders

  • Order to stay and set aside the Judgment dated 25th April, 2024 by Hon. Justice C. N. Baari
  • Order to issue an Order directing the matter to start de novo on a priority basis
  • Order to grant leave to file its defence, list and bundle of documents and witness statements within 21 days
  • Order to proceed to pre-trial conference upon compliance with Order No.5 on priority basis
  • Order to grant cost to the Applicant

Remedies

  • De novo hearing

Authorities cited

Legislation (4)
  • Constitution of Kenya 2010
  • Civil Procedure Rules
  • Employment and Labour Relations Court (Procedure) Rules, 2016
  • Civil Procedure Act
Cases cited (3)
  • Nanjibhai Prabhudas & Co. Ltd V Standard Chartered Bank Ltd
  • Kenya National Highway Authority V Titus Gatitu Kariuki
  • Yooshin Engineering Corporation V AIA Architects Ltd
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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