[2022] KEELRC 1749 (KLR)
The court determined that, given the nature of the relief sought by the applicant—which may amount to reinstatement—and the procedural history, it is appropriate for the judicial review application to proceed by way of oral evidence. This approach ensures that all relevant facts are properly canvassed and tested,...
Source-derived case information.
- Citation
- [2022] KEELRC 1749 (KLR)
- Parties
- Applicant: Stephen Barasa; Respondent: Teachers Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2019
- Procedural Posture
- Judicial Review / Ruling on Directions for Hearing
- Outcome
- Application to proceed by oral evidence; directions issued for filing and exchange of witness statements.
- Judges
- NJ Abuodha
- Legal Topics
- Judicial Review Procedure, Reinstatement of Employment, Oral Evidence in Elrc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Barasa
Applicant
Teachers Service Commission
Respondent
Procedural Posture
Judicial Review / Ruling on Directions for Hearing
Legal Issues
- 1 Whether the orders sought by the applicant amount to reinstatement.
- 2 Whether the judicial review application should proceed by way of oral evidence.
Ratio Decidendi
The court determined that, given the nature of the relief sought by the applicant—which may amount to reinstatement—and the procedural history, it is appropriate for the judicial review application to proceed by way of oral evidence. This approach ensures that all relevant facts are properly canvassed and tested, particularly where the orders sought have substantive implications for employment status. The court exercised its discretion to direct the parties to file and exchange witness statements and set the matter for mention to give further directions on hearing and disposal. The ruling is procedural, ensuring fairness and due process in the adjudication of the judicial review application.
Court Disposition
Application to proceed by oral evidence; directions issued for filing and exchange of witness statements.
Orders
- Parties to file and exchange relevant witness statements within 30 days from the date of the ruling.
- Matter to be mentioned on 27th June, 2022 for directions on hearing and disposal.
Full Case Text
Judgment text and source record
19 paragraphs
Barasa v Teachers Service Commission (Judicial Review 5 of 2019) [2022] KEELRC 1749 (KLR) (20 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 1749 (KLR)
Republic of Kenya
In the Employment and Labour Relations at Eldoret
Judicial Review 5 of 2019
NJ Abuodha, J
May 20, 2022
Between
Stephen Barasa
Claimant
and
Teachers Service Commission
Respondent
Ruling
1. The Court has reviewed and considered the application dated 26th August, 2021, the affidavit in support thereof and the responses filed by the respondent.
2. The court has further reviewed and considered the Judicial Review application dated 2nd March, 2020 and further considered the directions initially given in this matter by Lady Justice Maurine Onyango on 19th December, 2019 to the effect that the orders sought by the applicant if granted would amount to an order of reinstatement.
3. The Court in the above light hereby deems it appropriate that the Judicial review application herein proceeds for hearing by adducing oral evidence by the parties. In that respect, the parties are hereby directed to file and exchange relevant witness statements within 30 days from the date of this ruling and that the matter be mentioned on 27th June, 2022 for directions on hearing and disposal.
4. It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 20TH DAY OF MAY, 2022ABUODHA NELSON JORUMJUDGE ELRC