Wanjohi v Public Service Commission & another (Petition E116 of 2022) [2023] KEELRC 2914 (KLR) (16 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2914
- Citation
- [2023] KEELRC 2914 (KLR)
- Decided
- 16 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Judicial ReviewPostureRespondents' appeal dismissedCoramMA ONYANGO
Holding
The court found the transfer unfair and illegal.
Facts
The Petitioner, John Gichuki Wanjohi, was employed by the Public Service Commission as a Principal Land Registrar at the Ministry of Lands and Physical Planning. He was transferred to the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works (State Department for Transport) without consultation.
Issues
- Whether the transfer from the Ministry of Lands and Physical Planning to the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works (State Department for Transport) was unfair.
- Whether the transfer decision was in compliance with the Public Service Commission Act, 2017 and the Employment Act, 2011.
Reasoning
The court determined that the transfer was not in accordance with the Public Service Commission Act, 2017, which requires consultation with the authorized officer concerned before a transfer.
Outcome
The court declared the transfer decision illegal, null and void.
Orders
- A declaration that the transfer decision is illegal, null and void.
- A judicial review order quashing the transfer decision.
Remedies
- A declaration that the transfer decision is illegal, null and void.
- A judicial review order quashing the transfer decision.
Authorities cited
Legislation (1)
- Public Service Commission Act, 2017
Cases cited (1)
- Public Service Commission Human Resource Policies and Procedures Manual for Public Service
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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