Republic v Elgeyo Marakwet County Assembly Service Board & 2 others; Kiptum (Exparte Applicant) (Judicial Review E004 of 2023) [2024] KEELRC 652 (KLR) (14 March 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 652
- Citation
- [2024] KEELRC 652 (KLR)
- Decided
- 14 March 2024
Summary at a glance
TypeJudicial ReviewPosturePreliminary ObjectionCoramMA ONYANGO
The court will interfere with the statutory process if it finds that the process is lacking, as it falls within the exceptions that allow the court to intervene.
Facts
The Ex-parte Applicant filed a suit before the Select Committee regarding her removal from her position, apprehending that the Board conducting her disciplinary hearing intended to forward documents to the Select Committee without her knowledge.
Issues
- Whether the Preliminary Objection is merited.
- Whether the court should intervene due to the lack of statutory process exhaustion.
Reasoning
The court acknowledges the Respondents' concern but mandates intervention if the statutory process is not followed, as it may be necessary to prevent the premature invocation of the court's jurisdiction.
Outcome
The Preliminary Objection is dismissed.
Authorities cited
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