Republic v Governor Nyamira County & 2 others Ex parte Clive Nyaaga Ogwora [2022] KEELRC 423 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 423
- Citation
- [2022] KEELRC 423 (KLR)
- Decided
- 24 March 2022
Summary at a glance
TypeJudicial ReviewPostureEx parte ApplicationCoramPresiding Judge
The court found that the 3rd Respondent's inaction violated the applicant's constitutional rights and issued an order compelling the 1st Respondent to appoint the applicant and the 2nd Respondent to pay his salaries.
Facts
The applicant was nominated for appointment to the position of Nyamira County Executive Committee Member (CEC); Environment, Water, Mining and Natural Resources in February, 2021. The 3rd Respondent's committee approved his appointment, but he was not placed before the Assembly for debate and received no communication regarding his approval.
Issues
- Violation of constitutional rights
- Prohibition of consideration of his nomination
Reasoning
The court held that the applicant had a legitimate expectation to be appointed and that the 3rd Respondent's failure to act violated the right to fair administrative action.
Outcome
Judicial Review granted
Orders
- Order of Mandamus compelling the 1st Respondent to appoint the applicant
- Order of Prohibition prohibiting the 3rd Respondent from considering any name forwarded to it by the 1st Respondent
Remedies
- Appointment of the applicant to the position of Nyamira County Executive Committee Member (CEC); Environment, Water, Mining and Natural Resources
- Payment of the applicant's salaries by the 2nd Respondent
Authorities cited
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