Muthoka v Kenya Medical Training College; Ethics and Anti- Corruption Commission (Intended Interested Party) (Constitutional Petition E018 of 2022) [2022] KEELRC 4089 (KLR) (4 April 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4089
- Citation
- [2022] KEELRC 4089 (KLR)
- Decided
- 4 April 2022
The EACC meets the test to be an interested party and will suffer prejudice if not joined as an interested party
Facts
Petitioner Miriam Muthoka was terminated from employment by Kenya Medical Training College (KMTC) due to investigations by the Ethics and Anti-Corruption Commission (EACC). The EACC found that Muthoka was not qualified for the position and that the position did not exist at the time of her appointment.
Issues
- Whether the EACC has sufficient grounds to be an interested party and to be joined in the suit
- Whether the EACC will suffer prejudice if not joined as an interested party
Reasoning
The court applied the criteria set out in Francis Karioki Muruatetu & Another v Republic & 5 others Petition 15 as consolidated with 16 of 2013 [2016] eKLR to determine if the EACC has sufficient grounds to be an interested party. The EACC has a stake in the proceedings and would be affected by the court's decision.
Outcome
The EACC is ordered to be joined as an interested party
Orders
- The EACC is ordered to be joined as an interested party
Authorities cited
Legislation (2)
- Ethics and Anti-Corruption Commission Act
- Leadership and Integrity Act 2012
Cases cited (1)
- Trusted Society of Human Rights Alliance v Mumo Matemu (2014) eKLR
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