[2019] KEELRC 2069 (KLR)
The court found that the application for judicial review was unopposed, as the respondent failed to file any reply or grounds of opposition and did not attend the hearing. The applicant's case was therefore uncontested. The court was satisfied that the applicant had established a prima facie case for the grant of...
Source-derived case information.
- Citation
- [2019] KEELRC 2069 (KLR)
- Parties
- Applicant: Prof. Mwakio P. Tole; Respondent: Pwani University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 1 of 2018
- Procedural Posture
- Judicial Review Application / Ruling on Unopposed Substantive Application
- Outcome
- Application allowed. Orders of certiorari, prohibition, and mandamus granted as prayed. Costs awarded to the applicant.
- Judges
- J Rika
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Mandamus, Fair Administrative Action, Employment Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prof. Mwakio P. Tole
Applicant
Pwani University
Respondent
Procedural Posture
Judicial Review Application / Ruling on Unopposed Substantive Application
Legal Issues
- 1 Whether the applicant is entitled to orders of certiorari, prohibition, and mandamus against the respondent.
- 2 Whether the respondent's actions violated the applicant's rights under the Constitution and relevant statutes.
Ratio Decidendi
The court found that the application for judicial review was unopposed, as the respondent failed to file any reply or grounds of opposition and did not attend the hearing. The applicant's case was therefore uncontested. The court was satisfied that the applicant had established a prima facie case for the grant of orders of certiorari, prohibition, and mandamus, as prayed, based on the pleadings and applicable law. The court granted the orders sought and awarded costs to the applicant.
Court Disposition
Application allowed. Orders of certiorari, prohibition, and mandamus granted as prayed. Costs awarded to the applicant.
Orders
- Orders of certiorari, prohibition, and mandamus are granted as prayed.
- Costs to the ex-parte applicant.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MALINDI
JUDICIAL REVIEW APPLICATION NO. 1 OF 2018
IN THE MATTER OF: AN APPLICATION BY THE APPLICANT FOR ORDERS
OF CERTIORARI, PROHIBITION, AND MANDAMUS;
AND
IN THE MATTER OF: THE CONSTITUTION OF KENYA 2010;
AND
IN THE MATTER OF: JUDICATURE ACT OF KENYA 2010;
AND
IN THE MATTER OF: THE EMPLOYMENT ACT NO. 11 OF 2007 ACT;
AND
IN THE MATTER OF: THE FAIR ADMINISTRATIVE ACTION ACT, 2015;
BETWEEN
PROF. MWAKIO P. TOLE............................................APPLICANT
AND
PWANI UNIVERSITY...............................................RESPONDENT
RULING
1. The ex parte Applicant was granted leave to apply for judicial review on 26th November 2018.
2. The Respondent was granted 14 days to file Replying Affidavit and/or Grounds of Opposition.
3. The matter was mentioned at Mombasa on 13th December 2018.
4. The Respondent did not attend Court, and had not filed any Reply, by this date.
5. The substantive application was fixed for hearing today at Malindi.
6. There is no Reply filed todate, and although Mr. Kavita states he is holding brief for Ms. Kaguthi for the Respondent, there is no Notice of Appointment of Advocates filed by the Respondent.
7. The Application dated 27th November 2018 is not opposed.
IT IS ORDERED:-
a) Orders of CERTIORARI, PROHIBITION and MANDAMUS are granted as prayed.
b) Costs to the Ex-Parte Applicant.
Dated and delivered at Malindi this 25th day of February 2019.
James Rika
Judge