[2021] KEELRC 1162 (KLR)
The court determined that, despite the advanced stage of proceedings and the respondent having already filed submissions, procedural fairness and the right to be heard require that the petitioner be granted an opportunity to respond to the respondent's Notice of Motion application. The mention scheduled for the...
Source-derived case information.
- Citation
- [2021] KEELRC 1162 (KLR)
- Parties
- Petitioner: James Muriithi Njogu; Respondent: The Office of the Director of Public Prosecutions Advisory Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E083 of 2020
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling
- Outcome
- interlocutory_orders_issued
- Judges
- AN Makau
- Legal Topics
- Fair Administrative Action, Right to Fair Hearing, Public Service Employment, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muriithi Njogu
Petitioner
The Office of the Director of Public Prosecutions Advisory Board
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling
Legal Issues
- 1 Whether the petitioner was denied constitutional and statutory rights in employment.
- 2 Whether the respondent's application to re-open the matter should be allowed at this stage of proceedings.
Ratio Decidendi
The court determined that, despite the advanced stage of proceedings and the respondent having already filed submissions, procedural fairness and the right to be heard require that the petitioner be granted an opportunity to respond to the respondent's Notice of Motion application. The mention scheduled for the following day is deferred to allow the petitioner 14 days to file a response. The matter will be mentioned before the Deputy Registrar to confirm compliance, and the application will be heard in the next court term. Directions regarding the disposal of the petition will be issued after the hearing of the application. This approach upholds the principles of fair hearing and...
Court Disposition
interlocutory_orders_issued
Orders
- The petitioner is granted 14 days to file a response to the respondent's Notice of Motion application.
- Mention before the Deputy Registrar on 12th August, 2021 to confirm filing of the response.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
PETITION NO. E083 OF 2020
IN THE MATTER OF: DENIAL OF RIGHTS, VIOLATION AND INFRINGEMENT OF ARTICLES 1, 22, 23, 28, 41, 47, 48, 50 AND 258 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF: SECTIONS 3, 4& 12 OF FAIR ADMINISTRATIVE ACTIONS ACT, NO. 4 OF 2015
AND
IN THE MATTER OF: THE OFFICE OF THE DIRECTOR OF PUBLIC
PROSECUTIONS ACT
AND
IN THE MATTER OF: RULES 7 AND 17 OF THE EMPLOYMENT AND LABOUR RELATIONS COURT (PRACTICE AND PROCEDURE RULES, 2016)
AND
IN THE MATTER OF: RULES 3(4), 4, 11, 13, 19 AND 23 OF THE
CONSTITUTION OF KENYA
AND
IN THE MATTER OF: GUIDELINES ON THE BOND FOR TRAINING PUBLIC SERVANTS, 2018
AND
IN THE MATTER OF: THE ODPP HUMAN RESOURCE MANUAL, 2013
BETWEEN
JAMES MURIITHI NJOGU...........................................................PETITIONER
VERSUS
THE OFFICE OF THE DIRECTOR OF
PUBLIC PROSECUTIONS ADVISORY BOARD......................RESPONDENT
RULING
1. As the Respondent seeks to re-open the matter and given the advanced stage of proceedings, the Petitioner may respond to the Motion by the Respondent/Applicant within the next 14 days. This is despite the acknowledgment that the submissions were filed by the Respondents. In the premises tomorrow’s mention is deferred pending the resolution of the Respondents’ Notice of Motion application.
2. The Petitioner is at liberty to file the Response within 14 days and a mention will be set before the Deputy Registrar of this Court on 12th August, 2021 to confirm filing of the said response. I will hear the application in the new term on 20th September, 2021. Directions will follow after the hearing on 20th September, 2021 in regard to the Petition’s disposal once Motion is heard.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF JULY 2021
Nzioki wa Makau
JUDGE