On October 3, 2012, Lady Justice Mumbi Ngugi delivered a Judgment in Kenyatta University v Industrial Court of Kenya [Misc Civil Application No 430 of 2007] on an important and controversial point of law, namely the High Court’s supervisory powers over the Industrial Court, as then established under the Trade Disputes Act. Section 17 of The Trade Disputes Act contained a clause which ousted the High Court’s jurisdiction to hear an appeal or an application for Judicial Review of a decision by the Industrial Court. It is a point on which there were divergent views of respectable authority. Lady Justice Ngugi ultimately agreed with the case put forward by the Applicant University and allowed the application for Judicial Review
The Applicant was represented by Guto Mogere of Mohammed Muigai Advocates.