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Republic v Cabinet Secretary Ministry of East African Community Labour and Social Protection & another; Tom Mboya Odege & 2 others (Exparte) (Judicial Review Application 36 of 2017) [2024] KEELRC 2279 (KLR) (25 September 2024) (Judgment)

[2024] KEELRC 2279 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2279
Citation
[2024] KEELRC 2279 (KLR)
Decided
25 September 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

TypeJudicial Review ApplicationPostureApplication for leave to apply for judicial review for orders of certiorari and prohibitionCoramMA ONYANGO
The Respondents have not proved that the Ex Parte Applicants were unlawfully holding two full-time jobs.

Facts

The Applicants were notified to vacate their positions as trade union officials due to their appointment to elective positions, but they were holding full-time jobs as State Officers.

Issues

  • Whether the Applicants have established a case for the grant of the judicial review orders sought.
  • Whether the Applicants are unlawfully holding two full-time jobs.

Reasoning

The court considered the Constitution, Leadership and Integrity Act, and a previous similar case, Patrick Njuguna & 7 others v Wilson Sossion & 3 others [2019] eKLR, to find that the Applicants are not unlawfully holding two full-time jobs.

Outcome

The application for judicial review is dismissed.

Authorities cited

Legislation (3)
  • Constitution of Kenya, 2010
  • Leadership and Integrity Act
  • Civil Procedure Rules, 2010
Cases cited (1)
  • Patrick Njuguna & 7 others v Wilson Sossion & 3 others [2019] eKLR
⚠ 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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