[2019] KEELRC 978 (KLR)
The court found that the applicants had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. However, the court declined to have the leave operate as a stay, considering that some applicants had already been reinstated and the positions were in the process of being...
Source-derived case information.
- Citation
- [2019] KEELRC 978 (KLR)
- Parties
- Applicant: Kenya Medical Practitioners, Pharmacists and Dentists Union and Others; Respondent: The County Government of Laikipia; Respondent: Laikipia County Public Service Board; Interested Party: Public Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 9 of 2018
- Procedural Posture
- Judicial Review / Ruling on Leave Application and Interim Orders
- Outcome
- Leave to commence judicial review granted; order of status quo issued; leave does not operate as stay; directions for further proceedings given.
- Judges
- AN Makau
- Legal Topics
- Judicial Review Procedure, Public Service Employment, Interim Relief, Leave to Commence Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Medical Practitioners, Pharmacists and Dentists Union and Others
Applicant
The County Government of Laikipia
Respondent
Laikipia County Public Service Board
Respondent
Public Service Commission
Interested Party
Procedural Posture
Judicial Review / Ruling on Leave Application and Interim Orders
Legal Issues
- 1 Whether leave to commence judicial review proceedings should be granted.
- 2 Whether leave should operate as a stay of the respondents' actions.
- 3 Whether an order of status quo should be issued pending determination of the substantive motion.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds to warrant the grant of leave to commence judicial review proceedings. However, the court declined to have the leave operate as a stay, considering that some applicants had already been reinstated and the positions were in the process of being filled. Instead, the court issued an order of status quo to apply to the applicants pending the hearing and determination of the intended judicial review. The applicants were directed to file the substantive motion within 21 days, failing which the leave and conservatory order would lapse. The respondents were granted 21 days to reply upon service, and directions were scheduled...
Court Disposition
Leave to commence judicial review granted; order of status quo issued; leave does not operate as stay; directions for further proceedings given.
Orders
- Leave to commence judicial review proceedings is granted.
- Order of status quo to apply to the applicants pending hearing and determination of the intended judicial review.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
JUDICIAL REVIEW NO. 9 OF 2018
KENYA MEDICAL PRACTITIONERS,
PHARMACISTSAND DENTISTSUNION AND OTHERS......APPLICANTS
VERSUS
THE COUNTY GOVERNMENT OF LAIKIPIA...............1ST RESPONDENT
LAIKIPIA COUNTY PUBLIC SERVICE BOARD...........2ND RESPONDENT
AND
PUBLIC SERVICE COMMISSION...............................INTERESTED PARTY
RULING
1. Whereas a motion was brought to court for grant of leave, the Respondent is opposed. The court declined to grant leave at ex parte stage and declined to have leave sought operate as stay. The Applicants seek relief in the nature of Judicial Review which concerns itself with the procedure and not the merits of the decision. To that end the court will grant the leave to commence Judicial Review proceedings. As to the operation of leave, the court minded that the positions previously held by the Applicants are in the process of being filled, the court also notes some of the Applicants have been appointed to their positions.
2. The court will grant an order of status quo to apply to the Applicants before court pending hearing and determination of the intended Judicial Review which must be filed within 21 days of today failing which the leave granted and the limited conservatory order will stand vacated. Upon service of the Judicial Review the Respondent will have 21 days to reply and directions will be given on 23rd September 2019 before me. To be clear, the Applicants who are already back are to continue serving while those who are not will stay out as the Judicial Review is thrashed out. The parties to accordingly take steps for the speedy determination of the intended substantive motion under Judicial Review.
It is so ordered.
Dated and delivered at Nyeri this 30th day of July 2019
Nzioki wa Makau
JUDGE
I certify that this is a true copy of the Original
Deputy Registrar