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Chirchir & 39 others v West Pokot County Government & 2 others (Employment and Labour Relations Cause E001 & E002 of 2023 (Consolidated)) [2025] KEELRC 1981 (KLR) (3 July 2025) (Ruling)

[2025] KEELRC 1981 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1981
Citation
[2025] KEELRC 1981 (KLR)
Decided
3 July 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondents' Preliminary objection and Claimants' Notice of MotionCoramMA ONYANGO
Holding

The Court dismisses the notice of preliminary objection and the contempt application with no order as to costs.

Facts

Claimants allege non-payment of salaries and termination of employment by the 3rd Respondent. They seek relief from the Employment and Labour Relations Court.

Issues

  1. Whether the Court should exercise jurisdiction to determine the matter
  2. Whether the exhaustion requirement would serve the values enshrined in the Constitution or law

Reasoning

The Court finds that the Public Service Commission is not the most appropriate forum for adjudication of the claim. The failure to pay salaries is not attributed to the Contemnors personally.

Outcome

Dismissed

Orders

  • Notice of preliminary objection dismissed
  • Contempt application dismissed with no order as to costs

Authorities cited

Cases cited (3)
  • Shikara Limited Case
  • Fleur Investments Limited v Commissioner of Domestic Taxes & another
  • Moffat Kamau and 9 Others vs Aelous (K) Ltd and 9 Others
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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