[2022] KEELRC 86 (KLR)

[2022] KEELRC 86 (KLR)

The court held that it could not grant the reinstatement sought by the applicant at this stage, as the power to reinstate is not available in the manner requested. The application for reinstatement was therefore dismissed. However, the court directed that the main cause be fixed for hearing before the Deputy...

Source-derived case information.

Citation
[2022] KEELRC 86 (KLR)
Parties
Applicant: Nicholas Kivuva; Respondent: Teachers Service Commission
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause E162 of 2022
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Outcome
Application for reinstatement dismissed; directions given for hearing of main cause.
Judges
Nzioki wa Makau
Legal Topics
Reinstatement, Summary Dismissal, Interlocutory Applications
Source Language
en
Employment and Labour Reinstatement Summary Dismissal Interlocutory Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nicholas Kivuva

Applicant

Teachers Service Commission

Respondent

Procedural Posture

Employment Cause / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the court can reinstate the applicant as sought in the motion.
  2. 2 Whether the application for reinstatement should be granted in the absence of a response from the respondent.

Ratio Decidendi

The court held that it could not grant the reinstatement sought by the applicant at this stage, as the power to reinstate is not available in the manner requested. The application for reinstatement was therefore dismissed. However, the court directed that the main cause be fixed for hearing before the Deputy Registrar, noting that the respondent had failed to file a response and the matter could proceed as undefended.

Court Disposition

Application for reinstatement dismissed; directions given for hearing of main cause.

Orders

  • The application for reinstatement is dismissed.
  • The claimant is directed to immediately fix the case for hearing before the Deputy Registrar on 5th May, 2022.