Okiya Omtatah Okoiti v National Executive of the Republic & 6 others [2019] KEELRC 1817 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1817
- Citation
- [2019] KEELRC 1817 (KLR)
- Decided
- 12 April 2019
The Court will not at this stage make orders to disturb the appointments because the President and the Cabinet secretary have not been shown to have acted in contravention of the prevailing statutory provision and the provision is not obviously unconstitutional.
Facts
The petitioner alleged that the appointments in the Gazettee Notice Nos. 3223 and 3224 of 01.04.2019 were made without a fair, open, competitive, merit-based, and inclusive recruitment process.
Issues
- violation of Articles 3(1), 22, 23, 48, 50(1), 162 (2) (A), 165(5), 258 and 259(1) of the Constitution of Kenya
- violation of Articles 1, 2, 3, 4(2), 10, 19, 20, 21, 22, 24, 27, 41(1), 47, 73, 75, 77(3), 129, 131(2) (A), 153 (4) (A), 232, and 259(1) of the Constitution of Kenya
- constitutionality of the appointments
Reasoning
The Court considered that the appointments were made without a fair, open, competitive, merit-based, and inclusive recruitment process, but the President and the Cabinet Secretary appeared to have validly and in good faith acted in accordance with the statutory provisions.
Outcome
The Court declined to make conservatory orders and directed the parties to comply with the directions as already made.
Orders
- Ordering the service of the application for further consideration of the prayers for interim orders in presence of all the parties on 11.04.2019
- Granting an order suspending the Gazettee Notice Nos. 3223 and 3224 of 01.04.2019
- Issuing a temporary order of prohibition prohibiting the 1st respondent from proceeding to give effect to the appointments
- Issuing an interim injunction prohibiting Prof. Olive Mugenda and Kithinji Kiragu and Gladys Ogallo from functioning as members of the Kenyatta University Teaching, Referral and Research Hospital
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Employment and Labour Relations Court (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013
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