Qabale Diba Badake & 2 others v Public Service Board Marsabit County & 3 others; National Gender & Equality Commission (Interested Party) [2019] KEELRC 270 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 270
- Citation
- [2019] KEELRC 270 (KLR)
Summary at a glance
TypeDiscriminationPosturePetition for Declaration and Injunctive ReliefCoramNzioki wa Makau
The Petition is unsuccessful as there was no proper challenge to the nominations as there was adherence to the law.
Facts
The Petitioners are persons with disabilities who were shortlisted for County Chief Officers positions but none was appointed. The 2nd Respondent nominated 16 individuals for vetting by the 4th Respondent, none of whom were disabled.
Issues
- Constitutional violation of Articles 10, 56, and 232
- Violation of County Governments Act
- Discrimination against persons with disabilities
Reasoning
The doctrine of separation of powers holds that the co-equal arms of Government have to engage in the dance of checks and balances. There is no reason to interfere but where there is Constitutional basis to do so Courts will not hesitate to right the ship.
Outcome
Petition dismissed
Authorities cited
⚠ 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.
Loading judgment…