Busia County Public Service Board & another v Public Service Commission & another (Judicial Review Miscellaneous Application E002 of 2025) [2025] KEELRC 3014 (KLR) (30 October 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3014
- Citation
- [2025] KEELRC 3014 (KLR)
- Decided
- 30 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to apply for judicial review and for prerogative ordersCoramDN NDERITU
Holding
The court has jurisdiction and the applicants did not need to apply for review before seeking judicial review.
Facts
The applicants terminated the employee's employment and withheld her salary. The employee appealed to the Public Service Commission, but the applicants sought to quash the decision and prohibit enforcement.
Issues
- Whether the court has jurisdiction to hear the application
- Whether the applicants should have applied for review of the Commission's decision before seeking judicial review
Reasoning
The court found that the applicants' termination and withholding of salary were not within the jurisdiction of the Public Service Commission, and thus the court had the authority to hear the case. The applicants' failure to apply for review does not affect the court's jurisdiction.
Outcome
The application proceeds for consideration on merits.
Orders
- The preliminary objections by the respondents are dismissed.
- The chamber summons application by the applicants shall proceed for consideration on merits.
Remedies
- The applicants are granted leave to apply for judicial review and prerogative orders.
- The grant of leave operates as a stay of execution of the decision by the Public Service Commission.
Authorities cited
Legislation (4)
- County Governments Act
- Public Service Commission Act
- Civil Procedure Act
- Law Reform Act
Cases cited (3)
- Mukhisa Biscuits Manufacturing Ltd V West End Distributors Limited
- The clerk, Nakuru County Assembly & 3 others V Kenneth Odongo & 7 others
- The Public Service Commission Act
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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