SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Fredrick Otieno v Public Service Commission & 3 others [2019] KEELRC 580 (KLR)

[2019] KEELRC 580 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
580
Citation
[2019] KEELRC 580 (KLR)
Decided
23 October 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication for Interim Injunction and Stay of DecisionCoramRadido Stephen
Holding

The motion is dismissed. The Court finds that the applicant has not satisfied the test for the grant of interim reliefs.

Facts

The applicant was appointed as Vice Chancellor of Masinde Muliro University of Science and Technology. The Council of the University decided not to renew his contract. The applicant appealed and the Public Service Commission conducted a recruitment process. The applicant then sought an interim injunction and stay of the decision.

Issues

  1. Whether the process to recruit the applicant as Vice Chancellor was lawful
  2. Whether the applicant's contract should be renewed automatically
  3. Whether the applicant's challenge to the non-renewal of his contract was timely

Reasoning

The Court considers the principles of granting an interim injunction and finds that the applicant did not satisfy the test for the grant of interim reliefs. The Court also notes the delay in approaching the court and the applicant's decision to participate in the recruitment process.

Outcome

Application dismissed

Orders

  • Interim injunction against conducting competitive recruitment process
  • Stay of decision not to renew contract

Remedies

  • Reinstatement
  • Compensation and terminal dues

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Mukisa Biscuit Manufacturing Ltd v West End Distributors Ltd (1969) EA 696
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case