Trusted Society of Human Rights Alliance v Nakuru Water and Sanitation Services Company & another [2013] KEELRC 881 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 881
- Citation
- [2013] KEELRC 881 (KLR)
The recruitment process was found to be unconstitutional and null and void, and the respondents are ordered to comply with constitutional provisions in future recruitment processes.
Facts
The petitioner, Trusted Society of Human Rights Alliance, filed a petition against Nakuru Water and Sanitation Services Company and the Attorney General alleging that the recruitment process for GIS officer, Human Resource Manager, Senior Credit Controller, and Internal Auditor positions was opaque, riddled with nepotism, and contrary to constitutional provisions.
Issues
- constitutionality of recruitment process
- unfitness of managing director to hold public office
- abdication of duty by the respondents
Reasoning
The court found that the recruitment process violated constitutional rights and was conducted in a manner that was not transparent, fair, or in compliance with legal requirements.
Outcome
Judgment in favor of the petitioner, with the respondents ordered to comply with constitutional provisions and pay costs.
Orders
- nullification of recruitment process
- obligation to uphold constitutional provisions
- short-listing, interviews, and appointments to be conducted in compliance with court orders
- oversight by Public Service Commission
Remedies
- nullification of recruitment process
- payment of costs
Authorities cited
Legislation (1)
- Constitution of Kenya 2010
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