Fredrick Otieno v Public Service Commission & 3 others [2019] KEELRC 580 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 580
- Citation
- [2019] KEELRC 580 (KLR)
- Decided
- 23 October 2019
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
- Whether the process to recruit the applicant as Vice Chancellor was lawful
- Whether the applicant's contract should be renewed automatically
- 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
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