Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2023) [2024] KEELRC 2127 (KLR) (26 July 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2127
- Citation
- [2024] KEELRC 2127 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from a previous rulingCoramAN MWAURE
Holding
The Court granted the Petitioner/Applicant's request for review due to the missing supplementary affidavits and submissions, and granted the restraining order.
Facts
The Petitioner/Applicant filed an application seeking to review a ruling from May 17, 2024, which dismissed her application to prevent the 2nd Respondent from expelling her from the National Delegate Conference.
Issues
- Whether the Petitioner/Applicant is entitled to review the ruling of May 17, 2024
- Whether the Petitioner/Applicant is entitled to an order restraining the 2nd Respondent from executing the May 17, 2024 orders
Reasoning
The Court found that the Petitioner/Applicant had submitted new and important evidence (supplementary affidavits and submissions) that was not available at the time of the original ruling.
Outcome
The Court granted the Petitioner/Applicant's request for review and the restraining order.
Orders
- Order for review of the ruling of May 17, 2024
- Order restraining the 2nd Respondent from executing the May 17, 2024 orders
Remedies
- Review of the ruling of May 17, 2024
- Restraining order against the 2nd Respondent
Authorities cited
Legislation (3)
- Employment and Labour Relations Court Act
- Civil Procedure Rules
- Evidence Act
Cases cited (2)
- Paul Mwaniki v National Hospital Insurance Fund Board of Management [2020] eKLR
- Republic v Barisa Wayu Matuguda [2011] eKLR
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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