Chama Cha Mawakili (CCM) v Chairperson Independent Electoral and Boundaries Commission & 2 others [2019] KEELRC 1017 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1017
- Citation
- [2019] KEELRC 1017 (KLR)
- Decided
- 26 July 2019
Summary at a glance
TypeLabor RelationsPosturePetition and ApplicationCoramBYRAM ONGAYA
The court orders the recruitment process to be temporarily halted and the shortlisted candidates to be re-evaluated with a predetermined and objective score-sheet.
Facts
CCM filed a petition and application against the Chairperson of IEBC and others, alleging contraventions of constitutional and statutory provisions related to the recruitment process for the position of Commission Secretary/Chief Executive Officer.
Issues
- violation of constitutional and statutory provisions regarding recruitment process
- conflict of interest in the recruitment process
Reasoning
CCM established a prima facie case that the recruitment process violated constitutional and statutory provisions, and the court found that the process was continuing unlawfully.
Outcome
The court issued an order to stop the recruitment process and the interviewing of shortlisted candidates.
Orders
- Order to stop the recruitment process and interviewing of shortlisted candidates
Remedies
- Re-evaluation of shortlisted candidates with predetermined and objective score-sheet
Authorities cited
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