Tome v Bungoma County Assembly & 5 others; Ethics and Anti-Corruption Commission (Interested Party) (Petition E011 of 2021) [2022] KEELRC 1106 (KLR) (12 May 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1106
- Citation
- [2022] KEELRC 1106 (KLR)
- Decided
- 12 May 2022
Summary at a glance
TypePetition for Preliminary ObjectionPostureRespondents filed a Notice of Preliminary Objection to the amended PetitionCoramJW KELI
The court finds that the Petitioner has locus standi to bring the petition and that the alleged conflict of interest is not a proper ground for preliminary objection.
Facts
The Petitioner, Francis Simiyu Tome, alleges that the 5th Respondent, Anthony Mabele, was unlawfully and unconstitutionally appointed to the Bungoma County Assembly Service Board. The Petitioner claims the appointment violated various constitutional articles and practice and procedure rules.
Issues
- Whether the Petitioner has locus standi to bring the petition
- Whether the Petitioner suffers from a conflict of interest
- Whether the grievances qualify to be raised as a constitutional petition
- Whether the court lacks jurisdiction
Reasoning
The court is persuaded by the authority that the Constitution largely removed the doctrine of locus standi to enhance access to justice, and the Petitioner has demonstrated a connection to the impugned appointment.
Outcome
The petition is allowed to proceed.
Authorities cited
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