Njoroge v Nairobi Water & Sewerage Company Limited (Petition E122 of 2022) [2023] KEELRC 1752 (KLR) (14 July 2023) (Ruling)

Facts

Pettitioner, Penninah Kithia Njoroge, was appointed as Acting Customer Care Supervisor Grade 6 - Informal Settlement Region on September 26, 2017. She was extended her appointment multiple times and has served in the position for nearly five years. Respondent advertised for the position on November 17, 2021, and shortlisted applicants, including the Petitioner, but did not select her due to a more suitable candidate. The Respondent subsequently confirmed another candidate to the position.

Issues

1. Whether the Petitioner's constitutional and employment rights were infringed by the Respondent's internal advertisement and shortlisting process.
2. Whether the Respondent violated the Petitioner's constitutional right by failing to confirm her in the position of Customer Care Supervisor despite serving in an acting capacity for close to five years.

Reasoning

The Court applies the principles set out in Giella vs Cassman Brown and Mrao Ltd vs First American Bank of Kenya Ltd to determine that the Petitioner has established a prima facie case and will suffer irreparable injury.

Outcome

The Application for interim injunction restraining the Respondent from filing the position of Customer Care Supervisor (grade 6)- Informal Settlement Region is granted.

Authorities cited