Kenya University Staff Union (KUSU) v Co-operative University of Kenya (Employment and Labour Relations Cause E560 of 2023) [2024] KEELRC 642 (KLR) (20 March 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 642
- Citation
- [2024] KEELRC 642 (KLR)
- Decided
- 20 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from an original trialCoramBOM MANANI
Holding
The court finds the Respondent's process violates its own regulations and grants injunctive orders.
Facts
The Respondent advertised external positions without considering its serving members, leading to a dispute. The Claimant alleges this violates internal regulations.
Issues
- Whether the Respondent is obligated to consider its serving members for available job opportunities before seeking external applications.
- Whether the Respondent's internal recruitment process was in accordance with its Human Resource Manual.
Reasoning
The court upholds the Claimant's prima facie case and finds the Respondent's recruitment process irregular. The court grants injunctive orders to compel internal recruitment and prohibits discrimination.
Outcome
The court grants injunctive orders and restrains discrimination.
Orders
- Compel Respondent to table evaluation report
- Compel Respondent to undertake internal advertisement
- Find Respondent's officers liable for abuse of office
- Restrain Respondent from discriminating and intimidating Claimant's officials
Remedies
- Injunctions
- Compensation for damages
Authorities cited
Cases cited (2)
- Banis Africa Ventures Limited v National Land Commission [2021] eKLR
- Said Almed vs. Mannasseh Benga & Another [2019] 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.
Loading judgment…