AN APPLICATION BY MANSUKHLAL SHANTILAL PATEL, DEBESH SENGUPTA, CALEB M. KAMOTE AND KENSALT LIMITED FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS & OTHERS V . PROVINCIAL LABOUR OFFICER, COAST & 2 OTHERS [2009] KEHC 2181 (KLR)
- Court
- High Court of Kenya
- Case number
- 2181
- Citation
- [2009] KEHC 2181 (KLR)
- Decided
- 15 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from a lower court decisionCoramF. AZANGALALA
Holding
The Provincial Labour Officer, Coast's decision to charge the applicants was quashed, and the Provincial Labour Officer, Coast was prohibited from charging the applicants and from using the provisions of the Employment Act Cap 226, Laws of Kenya.
Facts
Kensalt Limited, Mansukhlal Shantilal Patel, Debesh Sengupta, and Caleb M. Kamote were granted leave to bring judicial review proceedings against the Provincial Labour Officer, Coast, and the Ministry of Labour and Manpower.
Issues
- The validity of the charge sheet issued by the Provincial Labour Officer, Coast
- The prohibition of the Provincial Labour Officer, Coast from charging the applicants
- The prohibition of the Provincial Labour Officer, Coast from acting arbitrarily and using the provisions of the Employment Act Cap 226, Laws of Kenya
Reasoning
The court found that the Provincial Labour Officer, Coast acted arbitrarily and without following due process.
Outcome
The Provincial Labour Officer, Coast's decision was quashed and they were prohibited from charging the applicants and using the Employment Act.
Orders
- The Provincial Labour Officer, Coast's decision to charge the applicants was quashed
- The Provincial Labour Officer, Coast was prohibited from charging the applicants
- The Provincial Labour Officer, Coast was prohibited from using the provisions of the Employment Act Cap 226, Laws of Kenya
Remedies
- Quashing of the Provincial Labour Officer, Coast's decision to charge the applicants
- Prohibition of the Provincial Labour Officer, Coast from charging the applicants
- Prohibition of the Provincial Labour Officer, Coast from using the provisions of the Employment Act Cap 226, Laws of Kenya
Authorities cited
Legislation (2)
- Employment Act Cap 226, Laws of Kenya
- Employment Act Cap 234, Laws of Kenya
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.
Loading judgment…