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