Ouma & 5 others v Principal Secretary, Ministry of Interior & Coordination of National Government & 4 others (Petition E021 of 2023) [2023] KEELRC 2456 (KLR) (11 October 2023) (Judgment)

Summary at a glance

Facts

The 6 Petitioners sued the 6 Respondents alleging that the recruitment/appointment process for Assistant Chiefs in Nyamambi East, Nyamambi West, and Waware North sub-locations violated Articles 10(2), 27(1), 35, 47(1) and (2) and 73 of the Constitution.

Issues

• violation of Articles 10(2), 27(1), 35, 47(1) and (2) and 73 of the Constitution
• violation of Articles 73, 74, 75, 76, 78, 79 and 232 of the Constitution
• violation and infringement of the Fair Administrative Action Act, 2015
• violation of the Employment Act No. 11 of 2007
• recruitment/appointment process for Assistant Chiefs in Nyamambi East, Nyamambi West, and Waware North sub-locations

Reasoning

The Respondents admitted to the Petition's allegations, and the Court ordered a fresh recruitment process in accordance with the Constitution and applicable statutes.

Outcome

The Court ordered a declaration that the recruitment exercise was unconstitutional, unlawful, null and void, and ordered a fresh recruitment process.

Orders

• A declaration is hereby issued that the recruitment exercise and/or interviews conducted by the Respondents and/or their servants, agents, and/or employees regarding Assistant Chiefs in Nyamambi East sub-location of Lambwe East Location, Nyamambi West sub-location of Lambwe East Location and Waware North sub-location of Rusinga East Location was unconstitutional, unlawful, null and void.
• Fresh recruitment be conducted in accordance with the Constitution and applicable statutes.

Remedies

• A declaration that the recruitment exercise was unconstitutional, unlawful, null and void
• Fresh recruitment process in accordance with the Constitution and applicable statutes

Authorities cited