Chesang v Board of Management Christ the King High School Kemeliet & another (Petition E010 of 2024) [2024] KEELRC 13627 (KLR) (5 December 2024) (Judgment)

Summary at a glance

Facts

The Petitioner, Alsepha Jemutai Chesang, is a bursar at the Board of Management Christ the King High School Kemeliet. She alleges that her rights have been violated by the Respondents, the school's board of management and principal, under various articles of the Constitution and sections of the Employment Act.

Issues

• Whether the court has jurisdiction to determine the Petition
• Whether the Petition meets the threshold of a constitutional petition
• Whether the Respondents violated the Petitioner's constitutional rights as alleged

Reasoning

The court is clothed with the requisite jurisdiction to hear and determine the dispute. The Petition must be precisely framed to meet the standard required for pleading in Constitutional petitions.

Outcome

The court has jurisdiction to determine the Petition and the Petition meets the threshold of a constitutional petition.

Orders

• The court has jurisdiction to determine the Petition and the Petition meets the threshold of a constitutional petition.
• The court has jurisdiction to enforce Article 41 rights and all fundamental rights ancillary and incidental to the employment and labour relations including interpretation of the Constitution within a matter before it.

Remedies

• A Declaration that the respondents are in contravention and threatened contravention of fundamental rights and freedoms under Articles 25(c), 27, 28, 29, 31, 32, 41, 43(1)(a), 45, 49, 50(2) and 53 of the Constitution of Kenya
• A Declaration that the Respondents are in contravention of sections 41, 43, 44, 45 and 47 of the Employment Act 2007
• A Declaration that the alleged advertisement for the post of bursar dated 4th of July 2024 is null and void for want of compliance with the law and the Petitioner be allowed to continue with her work without any harassment and or disturbance.

Authorities cited