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Republic v Kenya Marine & Fisheries Institute Ex-parte Dixon Otieno Odongo & another [2018] KEELRC 781 (KLR)

[2018] KEELRC 781 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
781
Citation
[2018] KEELRC 781 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeJudicial Review ApplicationPostureAppeal from High Court decision to the Employment and Labour Relations CourtCoramKLR Githua, Mbaru, Njoki Mwangi
The applicants have not made out a case for setting aside the decision to transfer them

Facts

The applicants, Dixon Otieno Odongo and Charles Nyanjong', were randomly selected to be members of an ad hoc tender opening committee. They were later transferred from Mombasa to Naivasha.

Issues

  • Whether the applicants have made out a case for setting aside the decision to transfer them
  • Whether the decision to transfer was taken in accordance with the law and due procedure

Reasoning

The court found that the transfer was a management prerogative and that the applicants' constitutional rights were not violated. The transfer was not shown to be un-procedural.

Outcome

Application dismissed

Authorities cited

Legislation (6)
  • Fair Administrative Act, 2015
  • Civil Procedure Act, 21, Laws of Kenya
  • Science, Technology & Innovation Act, 2013
  • Public Service Commission Act, 2012
  • Public Service Commission of Kenya Discipline Manual, 2008
  • Kenya Marine & Fisheries Research Institute Terms & Conditions of Service for Management Staff, 2012
Cases cited (3)
  • Maurice Adongo Anyango v Kenyatta International Convention Centre
  • Republic v Commissioner of Custom Services Ex Parte Africa K-Link International
  • Henry Ochido v NGO Co-ordination Board
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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