Njoroge v Cabinet Secretary, Ministry of Education & 3 others; Bunyi & 2 others (Interested Parties) (Petition E015 of 2022) [2022] KEELRC 13343 (KLR) (1 December 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13343
- Citation
- [2022] KEELRC 13343 (KLR)
- Decided
- 1 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Conservatory OrderPostureRespondents' Motion to Dismiss Preliminary ObjectionCoramHS WASILWA
Holding
The preliminary objection is dismissed, and the court directs the parties to proceed with the main application/petition.
Facts
The petition involves the Kenya National Commission for UNESCO (UNESCO) and its CEO, Dr. Evangeline Njoka, who was appointed in 2013 without transparency and public participation. The petitioner seeks a conservatory order to prevent the reappointment of Njoka beyond her contract expiration.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Appointment and Removal of Commission Members
Reasoning
The court dismissed the preliminary objection based on jurisdiction, as the court has the authority to handle matters related to employment and labour relations, including the appointment and removal of commission members.
Outcome
The petition is allowed to proceed.
Orders
- Conservatory order directing Dr. Evangeline Njoka to proceed on terminal leave effective November 30, 2022
Remedies
- Conservatory order suspending the appointment of Patrick Ochich, Antonina Lentoijoni, and Prof. Grace Bunyi as members of the Kenya National Commission for UNESCO
Authorities cited
Legislation (4)
- Kenya National Commission for UNESCO Act, no 5 of 2013
- State Corporation Act
- Code of Governance for state corporation, 2015
- Government Circular, Ref No OP/CAB.9/IA
Cases cited (1)
- Okiya Omtata Okoiti v Kenyatta University Council & others
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.
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