Mwangi v County Government of Kisii & 2 others (Petition E030 of 2023) [2024] KEELRC 13345 (KLR) (4 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13345
- Citation
- [2024] KEELRC 13345 (KLR)
- Decided
- 4 December 2024
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
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