Commission for Human Rights & Justice v Board of Directors, Kenya Ports Authority & 2 others; Dock Workers Union(Interested Party) [2020] KEELRC 552 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 552
- Citation
- [2020] KEELRC 552 (KLR)
- Decided
- 10 July 2020
The Court finds the Petitioner's claims valid and orders the Board to publish the entire list of applicants, invite public participation, air the interview process live, and publish the outcome within 7 days.
Facts
KPA's Managing Director resigned on 26th March 2020. On 27th March, the Board of Directors appointed an acting Managing Director. On 8th April, the Board advertised for the position of Managing Director, KPA. The deadline for applications was on 24th April. The Petitioner claims the Board went silent after the application deadline.
Issues
- Jurisdiction of the Court
- Violation of Constitution by Board's decision to ignore public participation
- Trust of Public in Board to recruit Managing Director
Reasoning
The Court upholds the Petitioner's claims based on constitutional provisions and previous judicial authorities.
Outcome
The Court declares the Board's decision unconstitutional and orders interim measures.
Orders
- Stay of proceedings until coronavirus situation improves
- Publish entire list of applicants in newspapers
- Air interview process live on television
- Publish outcome within 7 days
Remedies
- Declaration of unconstitutionality
- Stay of proceedings
- Publish list of applicants
- Live broadcast of interview process
- Publish outcome within 7 days
Authorities cited
Legislation (4)
- Constitution of Kenya
- National Values and Principles of Governance
- Right to Information
- Due Process
Cases cited (3)
- Republic v. Karisa Chengo & 2 others
- Prof. Daniel N. Mugendi v. Kenyatta University & 3 others
- United States International University v. Attorney-General
Loading judgment…