Leonard Sigey Bett v Governor, County of Bomet & County Assembly Of Bomet [2021] KEELRC 2144 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2144
- Citation
- [2021] KEELRC 2144 (KLR)
- Decided
- 17 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePublic Interest LitigationPostureAppeal from original trialCoramRadido Stephen, MCIArb
Holding
The appointment of Stella Chepkoech Langat was invalid and the Respondents acted ultra vires.
Facts
Stella Chepkoech Langat was appointed as County Secretary without competitive recruitment, and the Petitioner alleged this was unconstitutional.
Issues
- Whether the appointment of Stella Chepkoech Langat was subjected to competitive recruitment.
- Whether the Respondents' actions were ultra vires and unconstitutional.
Reasoning
The appointment was not subject to competitive recruitment as required by law and constitutional values. The Governor and County Assembly are bound by the Constitution and its values.
Outcome
Affirmed
Orders
- A declaration that the 1st and 2nd Respondents acted ultra vires and breached the provisions of Articles 10, 73, 174 and 232 of the Constitution.
- A declaration that the appointment of Stella Chepkoech Langat as County Secretary is invalid, null and void.
- An order of mandamus compelling the 1st and 2nd Respondents to initiate a fresh recruitment process for the position of County Secretary in a procedural, transparent and legal manner.
Remedies
- A declaration that the 1st and 2nd Respondents acted ultra vires and breached the provisions of Articles 10, 73, 174 and 232 of the Constitution.
- A declaration that the appointment of Stella Chepkoech Langat as County Secretary is invalid, null and void.
- An order of mandamus compelling the 1st and 2nd Respondents to initiate a fresh recruitment process for the position of County Secretary in a procedural, transparent and legal manner.
Authorities cited
Legislation (3)
- County Governments Act of 2012
- Public Appointments (County Assemblies) Act, 2017
- Bomet County Public Appointments (Assembly Approval) Act, 2014
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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