Kisia v Presiding Clerk Vihiga Yearly Meeting of Friends & 3 others; Secretary, County Education Board Vihiga (Interested Party) (Miscellaneous Case E081 of 2025) [2026] KEELRC 299 (KLR) (5 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 299
- Citation
- [2026] KEELRC 299 (KLR)
- Decided
- 5 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous CasePostureRespondent's Preliminary Objection to Ex parte Applicant's Chamber SummonsCoramJK GAKERI, Majanja, Nduma, Nyarangi
Holding
The court is satisfied that the Preliminary Objection meets the threshold enunciated in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd and Hassan Ali Joho & another v Suleiman Said Shabhal & 2 others.
Facts
The applicant was nominated and elected as the chairman of the Board of Management of Friends Vihiga Boys High School, but his nomination was revoked by the sponsor, the Vihiga yearly meeting of the Religious Society of Friends (Quakers). The applicant seeks judicial review, mandamus, and prohibition.
Issues
- Whether the respondent’s Notice of Preliminary Objection is sustainable
- Whether the ex parte Applicant’s Chamber Summons dated 20th November 2025 is merited
Reasoning
The court held that jurisdiction is everything and that the Preliminary Objection is sustainable as the respondents are challenging the court's jurisdiction.
Outcome
The ex parte applicant’s application was dismissed.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Constitution of Kenya
Cases cited (2)
- The Owners of Motor Vessel “Lilian S” v Caltex Oil (Kenya) Ltd
- Equity Bank Ltd v Bruce Mutie Mutuku t/a Diani Tours and Travel
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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