John Ndiritu Nguyo v Kenya Ports Authority & William Kipkemboi Ruto [2016] KEELRC 1052 (KLR)

Summary at a glance

Facts

The Claimant was appointed as Ag. HMO in acting capacity on 4.3.2015 and has been performing the duties until now. The 2nd Respondent was appointed to the post of HMO on 17.5.2016 through a competitive recruitment process.

Issues

• Whether the removal from office as Ag. HMO is irregular and there is breach of section B12 (g), (h) and (o) of the KPA HR Manual 2011.
• Whether the appointment of the 2nd Respondent was regular and fair.

Reasoning

The court found that the removal from office was irregular and there was a breach of the HR Manual, but the appointment of the 2nd Respondent was through a competitive process and fair.

Outcome

Interlocutory injunction granted.

Orders

• Injunction to restrain the 1st Respondent from allowing the 2nd Respondent to assume and/or take over office so as to perform the duties of Head of Marine Operations (HMO) Grade HE2.
• Notice of Motion dated 6.6.2016 is dismissed.

Remedies

• Interlocutory injunction to restrain the 1st Respondent from allowing the 2nd Respondent to assume and/or take over the office of HMO Grade HE2.

Authorities cited