[2018] KEELRC 2011 (KLR)
The court found that the application to strike out the petition was unopposed as the petitioner neither filed a response nor attended the hearing. In the absence of opposition and based on the grounds raised by the Respondent and Interested Party regarding lack of jurisdiction and locus standi, the court allowed the...
Source-derived case information.
- Citation
- [2018] KEELRC 2011 (KLR)
- Parties
- Petitioner: Patrick Njuguna; Respondent: Mary Munyuli Luseka; Interested Party: Brand Kenya Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 80 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection/application to Strike Out
- Outcome
- Petition struck out with costs to the Respondent and Interested Party.
- Judges
- AN Makau
- Legal Topics
- Jurisdiction of Employment Court, Locus Standi, Leadership and Integrity, Public Officer Ethics
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Njuguna
Petitioner
Mary Munyuli Luseka
Respondent
Brand Kenya Board
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/application to Strike Out
Legal Issues
- 1 Whether the Employment and Labour Relations Court has jurisdiction to hear the petition.
- 2 Whether the petitioner has locus standi to institute the petition.
Ratio Decidendi
The court found that the application to strike out the petition was unopposed as the petitioner neither filed a response nor attended the hearing. In the absence of opposition and based on the grounds raised by the Respondent and Interested Party regarding lack of jurisdiction and locus standi, the court allowed the application and struck out the petition with costs. The decision was made summarily due to the petitioner's failure to participate in the proceedings, and the court did not make a substantive determination on the merits of the jurisdictional or locus standi arguments.
Court Disposition
Petition struck out with costs to the Respondent and Interested Party.
Orders
- The petition dated 21.9.2017 is struck out.
- Costs awarded to the Respondent and Interested Party.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
PETITION NO. 80 OF 2017
IN THE MATTER OF ARTICLES 2(1), 3(1),10, 19,
20,21, 22(1&2),27, 73(2B)AND 232 OF THE
CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF CHAPTER 6 ON LEADERSHIP AND
INTEGRITY OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF SECTION 24, 34 AND 41 OF THE
LEADERSHIP AND INTEGRITY ACT NO. 19 OF 2012
AND
IN THE MATTE OF SECTION 9, 10 AND 17 OF THE
PUBLIC OFFICER ETHICS ACT NO. 4 OF 2003
AND
IN THE MATTER OF SECTION 9 AND 10 OF THE BRAND
KENYABOARD HUMAN RESOURCE AND POLICY
MANUAL(MAY 2006) CODE OF CONDUCT
BETWEEN
PATRICK NJUGUNA.....................................PETITIONER
VERSUS
MARY MUNYULI LUSEKA.......................RESPONDENT
BRAND KENYA BOARD................INTERESTED PARTY
RULING
Introduction
1. The application before me is the Notice of Motion dated 16. 2.2018. It is brought by the Respondent and the Interested Party in the Petition dated 21. 9.2017. The application seeks for striking out of the petition with costs on grounds that this Court lacks jurisdiction and the petitioner lacks locus standi to institute the petition. The application is supported by the affidavit sworn by M/s Mary Luseka and the grounds set out on the body of the motion.
2. The application is not opposed as the petitioner neither filed anyresponse to the motion nor attended the hearing on 14. 3.2018. Consequently, I allow the application and proceed to strike out the petition dated 21. 9.2017 with costs.
Dated, Signed and Delivered in Open Court at Nairobi this 18thday of May, 2018
ONESMUS N. MAKAU
JUDGE