NZOIA SUGAR COMPANY v ATTORNEY GENERAL [2012] KEHC 5544 (KLR)
- Court
- High Court of Kenya
- Case number
- 5544
- Citation
- [2012] KEHC 5544 (KLR)
- Decided
- 12 October 2012
The judges of the former Industrial Court are State Officers and the provisions of the Constitution, including Article 74, apply to them. The award is declared unconstitutional.
Facts
The Industrial Court awarded Francis Oyatsi Kshs.8,351,167.00 for wrongful termination of his contract of employment with Nzoia Sugar Company. The Petitioner sought a permanent stay of the award and a declaration that all proceedings were unconstitutional.
Issues
- Whether judges of the former Industrial Court are State Officers within the meaning of Article 260 of the Constitution
- Effect of judges not taking an oath under the Constitution with regard to the validity of awards issued by the then Industrial Court
Reasoning
The Industrial Court Act provides that judges appointed under the Labour Institutions Act are deemed to have been appointed under the Industrial Court Act. The Constitution, 2010 requires judges to take an oath of office.
Outcome
The award is declared unconstitutional and a permanent stay of execution is granted.
Orders
- Permanent stay of execution of the award
Remedies
- Declaration that all proceedings are unconstitutional
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Industrial Court Act
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