Moses Kirui Toroitich v County Secretary County Government of Baringo & another; County Public Service Board Baringo County (Interested Party) [2022] KEELRC 14717 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 14717
- Citation
- [2022] KEELRC 14717 (KLR)
- Decided
- 18 March 2022
Summary at a glance
TypeJudicial ReviewPosturePetitioner seeks to quash a transfer decision and prohibit the respondents from enforcing the transferCoramABUODHA NELSON JORUM
The application is dismissed with costs
Facts
The applicant was transferred from the Department of Finance and Economic Planning to the Department of Industry, Commerce and Co-operative Development to serve as the Director of Cooperatives. The office of the Director of Cooperatives did not exist prior to the transfer.
Issues
- Whether the transfer was illegal, ultra vires, and null and void
- Whether the respondents had the authority to make the transfer
Reasoning
The court found that the transfer was within the mandate of the County Executive Committee and that the applicant did not demonstrate malice or an error of law.
Outcome
Application dismissed
Authorities cited
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