Ntusiet Aderson Kishaine & 2 others v Nelson Sairowa Kima & 3 others [2017] KEELRC 59 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 59
- Citation
- [2017] KEELRC 59 (KLR)
- Decided
- 29 September 2017
Summary at a glance
TypePetition for Public Appointments ViolationPosturePetition dismissedCoramMAUREEN ONYANGO
The petition is dismissed as the Petitioners have not proved that any of their constitutional rights were infringed by the Respondent as none of them qualified for the position alleged to have been filled by an unqualified person.
Facts
The Petitioners and the 1st Respondent applied for the position of Assistant Chief II. The 1st Respondent was appointed despite not meeting the minimum qualifications, while the Petitioners were not successful.
Issues
- Whether the 1st Respondent was qualified for appointment to the position of Assistant Chief II
- Whether the appointment violated the principles of integrity, transparency and accountability in public appointments
- Whether the Respondents infringed the constitution or any constitutional rights of the Petitioners
Reasoning
The 1st Respondent was appointed despite not meeting the minimum qualifications, but the Petitioners were not successful. The 2nd and 3rd Respondents demonstrated the reasons for the appointment, which were transparent.
Outcome
Petition dismissed
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