Peter Macithi Muigai v Cabinet Secretary for Environment,Natural Resources & Regional Development Authorities & 3 others [2018] KEELRC 2379 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2379
- Citation
- [2018] KEELRC 2379 (KLR)
- Decided
- 31 January 2018
The 4th Respondent is illegally in office and the 1st Respondent failed in her duties to ensure proper appointment of KEFRI's Chief Executive Officer. The 4th Respondent is directed to vacate his office immediately, and an Ag Chief Executive Officer should be appointed for a maximum of 6 months.
Facts
The Petitioner alleged that the Respondents failed to uphold the Constitution due to reports of disregard to the rule of law, misuse of power, corruption, and embezzlement of funds. The Petitioner also claimed that the appointment of the Director of Kenya Forestry Research Institute (KEFRI) was not in accordance with the law and policy.
Issues
- Constitutional Breach
- Violation of Rule of Law
- Misuse of Power
- Corruption
- Embezzlement of Funds
- Nepotism and Favoritism
Reasoning
The Court found that the Respondents violated constitutional provisions by not adhering to the Mwongozo Code and appointing the 4th Respondent beyond the 6-year term.
Outcome
The 4th Respondent vacates his office immediately, and an Ag Chief Executive Officer is appointed for a maximum of 6 months.
Orders
- The 4th Respondent vacates his office immediately.
- An Ag Chief Executive Officer is appointed for a maximum of 6 months.
Remedies
- The 4th Respondent vacates his office immediately.
- An Ag Chief Executive Officer is appointed for a maximum of 6 months.
Authorities cited
Legislation (10)
- Article 10 of the Constitution
- Article 22 of the Constitution
- Article 23 of the Constitution
- Article 41 of the Constitution
- Article 73 of the Constitution
- Article 75 of the Constitution
- Article 153 of the Constitution
- Article 232 of the Constitution
- Article 258 of the Constitution
- Article 259 of the Constitution
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