Fredrick Ouma Jowi & another v Board of Directors, Anti-Counterfeit Authority; Ethics and Anti-Corruption Commission & 2 others (Interested Parties) [2021] KEELRC 1606 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1606
- Citation
- [2021] KEELRC 1606 (KLR)
- Decided
- 26 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePetitioners seek an interim order staying the decision of the Respondent to select and appoint the 2nd Interested Party as the Acting Executive Director of the Anti-Counterfeit AuthorityCoramNzioki wa Makau
Holding
The Petitioners' motion is so devoid of merit that it must suffer the only outcome it must – dismissal with costs to the Respondent and the 1st and 2nd Interested Parties.
Facts
The 2nd Interested Party was allegedly appointed by the Respondent to the acting position in a meeting held on 21st August 2020, contrary to the provisions of Articles 10, 27, 73 and 232 of the Constitution and public policy.
Issues
- Whether the appointment of the 2nd Interested Party was in accordance with the Constitution and public policy.
- Whether the Petitioners have a prima facie case to warrant a grant of the orders sought.
Reasoning
The Petitioners have not established a prima facie case to warrant a grant of the orders sought which have already taken place. Injunctions are discretionary and can only be granted in the most deserving circumstances.
Outcome
The Petitioners' motion is dismissed with costs.
Authorities cited
Legislation (2)
- Articles 10, 27, 73 and 232 of the Constitution
- Leadership and Integrity Act, 2012
Cases cited (5)
- Giella v Cassman Brown (1973) E.A 358
- Mrao Ltd v First American Bank of Kenya Ltd & 2 Others [2003] eKLR
- Eric V.J. Makokha & 4 others v Lawrence Sagini & 2 Others [1994] eKLR
- Mussolini Kithome v Attorney General & Another [2016] eKLR
- B v Attorney General [2004] 1 KLR 431
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.
Loading judgment…