Republic v Kenya Unviversities and Colleges Central Placement Service Ex parte Adrian Kamotho Njenga [2021] KEELRC 1192 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1192
- Citation
- [2021] KEELRC 1192 (KLR)
- Decided
- 23 July 2021
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
- Whether the vacancy notice was ultra vires the lawful powers of the Respondent.
- 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
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