Lihanda v Adiara & 4 others (Petition E006 of 2025) [2026] KEELRC 817 (KLR) (19 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 817
- Citation
- [2026] KEELRC 817 (KLR)
- Decided
- 19 March 2026
Summary at a glance
TypePetitionPosturePetitioner seeks declarations and orders against respondents regarding alleged unpaid dues and terminal benefits.CoramDAVID NDERITU
The court dismisses the petition as it was filed prematurely due to the lack of an internal dispute resolution and the doctrine of exhaustion has not been exhausted.
Facts
The petitioner, a former General Superintendent of the 5th respondent, seeks declarations and orders for unpaid dues and terminal benefits. The respondents claim the petitioner is not an employee and the internal dispute resolution mechanism has not been exhausted.
Issues
- Whether the court has jurisdiction to entertain the petitioner's claim.
- Whether the petitioner is deserving of the reliefs sought in the petition.
Reasoning
The court found the petitioner not to be an employee and that the internal dispute resolution mechanism has not been exhausted, thus the petition is premature.
Outcome
The petition dated 20th February 2025 is hereby dismissed.
Orders
- The petition dated 20th February 2025 is hereby dismissed.
Authorities cited
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