Spencer Sankale Olochike v Maasai Mara University; Transparency International Kenya & 22 others (Interested Parties) [2021] KEELRC 806 (KLR)

Summary at a glance

Facts

The petitioner, Spencer Sankale Olochike, seeks certification of a petition that raises substantial questions of law under the Anti-Corruption and Economic Crimes Act 2003 and the Constitution, touching on the protection of whistle-blowers against retaliatory actions by their employers.

Issues

• Interpretation of Article 65 of the Anti-Corruption and Economic Crimes Act 2003 as read with Article 236 of the Constitution on the protection of whistle-blowers against retaliatory actions by their employers.
• The question of balance between avoidance of retaliatory action against whistle-blowers at work and the employer's right to discipline employees.
• The development of the law to protect whistle-blowers against victimization at the place of work.

Reasoning

The court determined that the petition raises substantial questions of law under Article 165(4) of the Constitution, which requires an uneven number of judges not less than three assigned by the Chief Justice. The court found that the questions posed are novel, unique, and have a material bearing on the case.

Outcome

The court certified the petition as raising a substantial question of law.