Republic Vs Kisii University & 2 others [2021[] eKLR [2021] KEELRC 2405 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2405
- Citation
- [2021] KEELRC 2405 (KLR)
- Decided
- 1 December 2021
Summary at a glance
TypeJudicial ReviewPostureApplication for Stay of DecisionCoramHON. JUSTICE J. N. ABUODHA
The Court does not find it appropriate to direct that the leave granted operate as a stay of the decision sought to be challenged by the substantive motion.
Facts
The applicant sought leave to commence judicial review proceedings against the decision of the University Council to reappoint the 3rd respondent as the Deputy Vice Chancellor. The 3rd respondent was appointed on a 5-year contract expiring on 30th November, 2021.
Issues
- Whether leave granted should operate as a stay of the decision sought to be impugned by way of judicial review.
- Whether the application amounts to an abuse of the court process.
Reasoning
The Court considered the application to operate as a stay and the deposition of the Interested Party regarding the role of the Public Service Commission (PSC) in competitive recruitment versus reappointments. The Court found the application to be an abuse of the court process.
Outcome
The Court directed that the respondent be at liberty to move the Court for the consolidation of similar applications filed in other courts and that they be dealt with by one Court.
Orders
- Consolidation of similar applications filed in other courts
Authorities cited
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