Mwakio P. Tole v Pwani University [2019] KEELRC 2069 (KLR)

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