Munga v Kenya Maritime Authority & another; Inspector General (Corporations) & another (Interested Parties) (Petition E004 of 2024) [2024] KEELRC 2740 (KLR) (7 November 2024) (Ruling)

Summary at a glance

Facts

The petitioner, Martin Dzomo Munga, was sent on compulsory leave by the Kenya Maritime Authority through a letter dated 20 September 2024. The petitioner claims the leave was terminated arbitrarily and contrary to Article 10 of the Constitution. The respondents argue the petitioner violated the Human Resource Manual and Articles 232, 41, and 47 of the Constitution.

Issues

• Whether the petitioner's petition is premised on facts that the 1st respondent has purported to terminate the compulsory leave communicated through a letter dated 20 September 2024 and continues to act arbitrarily and contrary to Article 10 of the Constitution.
• Whether the respondents violated the petitioner's rights and made up allegations against him.
• Whether the respondents have abdicated their statutory function to supervise the 1st interested party to do investigations that the 2nd respondent ought to have and then compel on the outcome.
• Whether the petitioner can be sued under a petition, as herein done.

Reasoning

The court found the petition premature due to the lack of a clearly defined dispute and the respondents' arguments that the petitioner violated the Human Resource Manual and violated the Constitution. The court also noted that the petitioner's claims can be heard under a Memorandum of Claim.

Outcome

The petition is struck out.

Orders

• The petition is hereby struck out.
• Each party will bear its costs.

Authorities cited