Cyprian Ochieng Fedha v Principal Secretary, Ministry of Education, the State Department of Vocational & Technical Training & 2 others [2021] KEELRC 1393 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1393
- Citation
- [2021] KEELRC 1393 (KLR)
- Decided
- 1 July 2021
Summary at a glance
Facts
The Petitioner alleged that the recall of retired trainers from national polytechnics and technical colleges was unconstitutional and without legal basis. The Petitioner sought a declaration that the actions of the Respondents were against public policy, the Constitution, and the relevant statute, and that the 3rd Respondent breached Article 156.
Issues
- Whether the Petitioner's rights have been violated and whether the Petitioner has the locus to bring this suit?
- Whether the reappointment was lawful?
- Whether the Petitioner is entitled to the remedies sought?
Reasoning
The Court considered the Petition, affidavits, and submissions, and found that the recall of retired trainers was not done through public participation and competitive recruitment, and did not meet the constitutional expectations of transparency, competition, and merit.
Outcome
The Court granted one of the substantive orders sought by the Petitioner, ordering a declaration that the decision to restrict re-engagement of retired trainers to only those who had retired in 2015 was against the values and principles underpinning the public service.
Orders
- A declaration be and is hereby issued that the decision of the 1st, 2nd, and 3rd Respondents to restrict re-engagement of retired trainers to only those who had retired in 2015 were against values and principles underpinning the public service.
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