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Republic v Kenya Unviversities and Colleges Central Placement Service Ex parte Adrian Kamotho Njenga [2021] KEELRC 1192 (KLR)

[2021] KEELRC 1192 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1192
Citation
[2021] KEELRC 1192 (KLR)
Decided
23 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial ReviewCoramJames Rika
Holding

The Court declines the application for an order of certiorari and orders that no order on costs be made.

Facts

The ex parte Applicant seeks an order to remove a vacancy notice for the position of Chief Executive Officer of the Kenya Universities and Colleges Central Placement Service, which was closed on 8th December 2020. The Respondent, a public body established under the Universities Act, appointed Alice Mercy Wahome as the Acting Chief Executive Officer and subsequently as the Substantive Chief Executive Officer.

Issues

  1. Whether the vacancy notice was ultra vires the lawful powers of the Respondent.
  2. Whether the Respondent acted within the bounds of the Universities Act and the Constitution of Kenya.

Reasoning

The vacancy notice was within the bounds of the Universities Act and the Constitution of Kenya. Alice Mercy Wahome, as the Acting Chief Executive Officer, was the successful candidate and best placed to give evidence for the Respondent.

Outcome

The application for an order of certiorari is declined.

Orders

  • The Application for an order of certiorari is declined.

Authorities cited

Legislation (3)
  • Universities Act, 2012
  • Constitution of Kenya
  • Discrimination Convention, 1958
Cases cited (1)
  • Githu Muigai & Another v. The Law Society of Kenya & Another (2015) e-KLR 46
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.
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