Omuomo v Chief Executive Officer, Independent Electoral And Boundaries Commission (IEBC) & another (Employment and Labour Relations Judicial Review E009 of 2023) [2025] KEELRC 1464 (KLR) (15 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1464
- Citation
- [2025] KEELRC 1464 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations Judicial ReviewPostureEx-parte application for certiorari and quashing of dismissalCoramMN NDUMA
Holding
The application is inappropriate and the dismissal was lawful, thus no certiorari order is granted.
Facts
The applicant was employed by IEBC as a County ICT Officer. He was later dismissed for taking a full-time job with Maseno University while still employed by IEBC.
Issues
- Whether the judicial review application is inappropriate to address the cause of action raised
- Whether the dismissal was lawful and whether a judicial review is appropriate
Reasoning
The dismissal was a termination of the employment contract without notice, which should have been addressed through an Employment Act claim. The judicial review application is premature and inappropriate.
Outcome
The application is struck out and the dismissal upheld.
Orders
- The application is struck out.
- The dismissal is upheld.
Remedies
- Reinstatement to the position previously held with the 1st Respondent without loss of any remuneration from the date the salary was stopped on 15th July 2021.
Authorities cited
Legislation (2)
- Employment Act 2007
- IEBC Act 2011
Cases cited (1)
- Sta Disciplinary Committee of Maseno University and 2 others versus Ochonge Okello [2012] KECA 46 K42
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.
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