Mwau v Attorney General (Civil Appeal 276 of 2015) [2023] KECA 518 (KLR) (12 May 2023) (Judgment)

Facts

The appellant, John Haron Mwau, sought to challenge the award and honour of the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) by the President, which he argued was not merit-based and was discriminatory.

Issues

1. Whether persons occupying the office of the President between December 2008 and 2012 were automatically, by virtue of the office held, entitled as of right to the award and honour of the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.)
2. Whether the award and honour of the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) was awarded on merit or as of right by virtue of occupying specific offices in government
3. Whether the appellant was discriminated against by not being conferred of the award and honour of the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) despite serving as an Assistant Minister
4. Whether the President had absolute and unfettered discretion to award and honour persons with the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.)
5. Whether the President’s prerogative powers to award persons with the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) were derived from common law or the Constitution

Reasoning

The Court of Appeal emphasized that awards and honours are merit-based and not conferred as of right. The President’s prerogative powers to award persons with the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) are derived from the Constitution and are not subject to common law.

Outcome

The appeal is dismissed.

Authorities cited