Okiya Omtatah Okoiti v President of Kenya & 6 others [2017] KEELRC 1294 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1294
- Citation
- [2017] KEELRC 1294 (KLR)
- Decided
- 11 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Judicial ReviewPostureRespondents' appeal from a previous decisionCoramMATHEWS NDERI NDUMA
Holding
The court declared the 2nd respondent's purported removal of the 3rd interested party and the appointment of the 2nd interested party as unlawful, null and void.
Facts
The petitioner sought to challenge the removal of the incumbent chairperson of the Betting Control and Licensing Board and the appointment of a new chairperson by the 1st respondent, the Cabinet Secretary for Interior.
Issues
- mandate of the 1st respondent under the State Corporations Act
- appointment of the 2nd interested party as chairperson
- violation of the Betting Lotteries and Gaming Act
- removal of the incumbent chairperson
Reasoning
The court held that the removal and appointment were not in accordance with the criteria set out in the Fair Administrative Action Act, 2015, and were therefore unlawful.
Outcome
Judgment in favor of the petitioner
Orders
- declaration that the 2nd respondent's actions are unlawful
- nullity of Gazette Notice No. 5331 of 12th July 2016
- 3rd interested party to serve his full term as chairperson unless lawfully removed
- costs to follow the outcome of the petition
Remedies
- declaration
- nullity of a document
- removal of prohibition
Authorities cited
Legislation (3)
- State Corporations Act
- Betting Lotteries and Gaming Act
- Fair Administrative Action Act, 2015
Cases cited (1)
- State Corporations Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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