Kevin Otieno Ondo v Ethics and Anti Corruption Commission & 2 others; Acting Deputy Chief Executive Officer of Ethics and Anti Corruption Commission & 2 others (Interested parties) [2021] KEELRC 493 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 493
- Citation
- [2021] KEELRC 493 (KLR)
- Decided
- 12 November 2021
Summary at a glance
Facts
The position of Deputy Chief Executive Officer of the Ethics and Anti-Corruption Commission fell vacant on July 1, 2019. The 1st Interested Party was appointed to fill the position in acting capacity on December 5, 2019. The appointment was extended until December 5, 2021. The 1st Respondent internally advertised the position on June 23, 2020, which was contested in a previous petition. The 1st Respondent again commenced the recruitment process for the position on June 23, 2020, opening it to qualified members of the public.
Issues
- Whether the applicant has demonstrated a sufficient stake in the proceedings and will suffer prejudice if not enjoined.
- Whether the applicant's joinder will ensure a fairer and more conclusive determination of the issues in dispute.
Reasoning
The court considered the principles for joinder of parties and the applicant's interest in the proceedings. The court found that the applicant has a stake in the proceedings and that his joinder will ensure a fairer and more conclusive determination of the issues in dispute.
Outcome
The application for the applicant to be enjoined as a 3rd Interested Party was opposed by all respondents and the 1st Interested Party.
Orders
- The application for the applicant to be enjoined as a 3rd Interested Party was opposed by all respondents and the 1st Interested Party.
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