[2022] KEHC 3280 (KLR)
The court found that the applicant failed to provide the required documentary evidence of his initial application for employment, despite being expressly directed to do so. The absence of this evidence rendered the application unmerited, leading to its dismissal. The court emphasized that compliance with evidentiary...
Source-derived case information.
- Citation
- [2022] KEHC 3280 (KLR)
- Parties
- Applicant: Gideon Mutiso Mulee; Respondent: Nairobi City County; Respondent: Public Service Commission of Kenya; Respondent: Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E017 of 2022
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- application dismissed
- Judges
- Nzioki wa Makau
- Legal Topics
- Judicial Review Procedure, Employment Application, Public Service Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Mutiso Mulee
Applicant
Nairobi City County
Respondent
Public Service Commission of Kenya
Respondent
Public Service Board
Respondent
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the applicant provided sufficient documentary evidence of his initial application for employment to support his claim.
Ratio Decidendi
The court found that the applicant failed to provide the required documentary evidence of his initial application for employment, despite being expressly directed to do so. The absence of this evidence rendered the application unmerited, leading to its dismissal. The court emphasized that compliance with evidentiary requirements is fundamental in judicial review proceedings, and failure to provide such evidence is fatal to the applicant's case.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of merit.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Mulee v Nairobi City County & 2 others (Judicial Review E017 of 2022) [2022] KEHC 3280 (KLR) (12 July 2022) (Ruling)
Neutral citation: [2022] KEHC 3280 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Judicial Review E017 of 2022
Nzioki wa Makau, J
July 12, 2022
Between
Gideon Mutiso Mulee
Applicant
and
Nairobi City County
1st Respondent
Public Service Commission of Kenya
2nd Respondent
Public Service Board
3rd Respondent
Ruling
1. The court required Claimant to file documents showing his initial application for employment, he failed to do so. Even now he has not availed the document. The applicant is thus unmerited and is accordingly dismissed.No order as to costs.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 12THDAY OF JULY 2022NZIOKI WA MAKAUJUDGE