Njenga v Registrar, Administration, Planning and Development Kenya Methodist University & 2 others (Cause E748 of 2023) [2024] KEELRC 401 (KLR) (28 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 401
- Citation
- [2024] KEELRC 401 (KLR)
- Decided
- 28 February 2024
Summary at a glance
TypeLabor DisputePostureAppeal from a decision to dismiss the claim and order costsCoramNDOLO
The court dismissed the claim and ordered each party to bear their own costs.
Facts
The Claimant filed a claim alleging unfair labor practices by the Respondents. The Respondents filed a preliminary objection challenging the court's jurisdiction and the claim's validity. The Claimant later withdrew the claim and applications.
Issues
- Jurisdiction of the court to entertain the claim
- Exhaustion of internal dispute resolution mechanisms
- Manifestation of malfeasance by the Claimant
Reasoning
The court found no malfeasance by the Claimant and that the withdrawal of the claim was at an early stage. The court exercised discretion in favor of the Claimant, directing that each party bear their own costs.
Outcome
Dismissal of the claim and order of costs
Orders
- Each party to bear their own costs
Authorities cited
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