Republic v Egerton University Ex-Parte Peter Wangai [2016] KEELRC 98 (KLR)
The bottom line
#A Kenyan court struck out a dismissed lecturer's judicial review case, confirming unfair dismissal claims must go through ordinary employment dispute channels first.
What this practically means
#Executive summary
#Key legal issues
#Appropriateness of the judicial review route for a dismissal dispute
Judicial review was not the appropriate procedure; the dispute is primarily one of unfair termination/wrongful dismissal for the ordinary employment forum
The Court of Appeal in Gabriel Mutava held that where an adequate alternative avenue exists, parties should not trivialise constitutional litigation. The court endorsed that ratio, substituting 'Constitutional Court' with the Employment and Labour Relations Court and 'constitutional litigation' with 'judicial review litigation'. It further relied on the Bahadur principle that the Constitution is not a general substitute for normal procedures, as endorsed in Mugendi, Munga, Karume and Royal Media Services.
Appropriate orders where an inappropriate procedure has been adopted
Striking out rather than dismissal or conversion, with no substantive injustice since limitation had not accrued
The court considered converting the proceedings to a Statement of Claim or striking them out. Since the applicant's cause was not yet barred by the limitation period in section 90 of the Employment Act, 2007, he would suffer no injustice beyond costs; striking out would leave him free to pursue the principal means of resolving an employment dispute.
Legal principles established
#- Where there exists a sufficient and adequate alternative avenue to resolve a dispute, a party should not use judicial review litigation to trivialise the jurisdiction of the Employment and Labour Relations Court
- The Constitution is not a general substitute for normal procedures for invoking judicial control of administrative action; where infringements can found a claim under substantive law, the claim should be brought under that law
Court orders
#- 1.The judicial review proceedings were struck out
- 2.Costs to the Respondent
- Jurisdiction invoked
- Judicial review under Article 23(3)(f) of the Constitution (certiorari); matter resolved on procedural appropriateness
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Egerton University Ex-Parte Peter Wangai [2016] KEELRC 98 (KLR)", Case Analysis (2016). Judicial Review (not specified in judgment; leave granted 15 July 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/98/eng@2016-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.