Republic v State Corporations’ Advisory Committee (SCAC) & 2 others Ex parte Ezekiel Mutua; Christopher Wambua (Interested Party) [2022] KEELRC 920 (KLR)

Facts

The Applicant, Dr. Ezekiel Mutua, was the Chief Executive Officer (CEO) of the Kenya Film Classification Board (KFCB) until October 25, 2021. The State Corporations Advisory Committee (SCAC) and the Cabinet Secretary, Ministry of ICT, Innovation and Youth Affairs (2nd Respondent) issued directives requiring the Applicant to proceed on terminal leave and appoint an Acting CEO.

Issues

1. Whether the proceedings against SCAC are competent
2. Whether the Interested Party's affidavit should be struck out
3. Whether the Applicant had served one or two terms in office as CEO
4. Whether the renewal of the contract was lawful
5. Whether the Applicant was lawfully appointed
6. Whether the Applicant had a legitimate expectation to be appointed for a further term

Reasoning

The court agreed with the Applicant that judicial review proceedings can be brought against any corporate or unincorporate body performing a public duty. The court found that the Applicant had served one term as CEO and that the renewal of the contract was lawful.

Outcome

The motion is dismissed.

Authorities cited