Okinda Omondi v Cabinet Secretary, Ministry of Sports, Culture & Heritage & another; Cabinet Secretary, National Treasury & Planning & 3 others (Interested Parties) [2022] KEELRC 133 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 133
- Citation
- [2022] KEELRC 133 (KLR)
- Decided
- 28 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePetition for InjunctionCoramLINNET NDOLO
Holding
The Court restrains the Respondents from proceeding with the vacancy notice and suspends it until further orders.
Facts
The Petitioner, Okinda Omondi, seeks an injunction against the Respondents, Cabinet Secretary and National Treasury, to stop them from proceeding with a vacancy notice for the position of Chief Executive Officer (CEO) of the Sports, Arts & Social Development Fund.
Issues
- Authority to declare vacancy
- Violation of Constitution and law
- Violation of Public Finance Management (Sports, Arts and Social Development Fund) Regulations, 2018
Reasoning
The Court finds that the Respondents violated the Constitution, law, and regulations by not consulting the Public Service Commission when advertising the position of CEO. The Petitioner has demonstrated a prima facie case and irreparable injury would result from allowing the process to continue.
Outcome
The Petitioner's Notice of Motion succeeds.
Orders
- Respondents restrained from proceeding with the vacancy notice
- Vacancy notice suspended until further orders
Remedies
- Injunction
Authorities cited
Legislation (4)
- State Corporations Act
- Public Finance Management (Sports, Arts and Social Development Fund) Regulations, 2018
- Mwongozo Code of Governance for State Corporations
- Human Resource Policies and Procedures Manual for the Public Service
Cases cited (2)
- Mrao v First American Bank of Kenya & 2 others [2003] eKLR
- Giella v Cassman Brown & Co Ltd (1973) E.A
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.
Loading judgment…