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Okoiti v Board, Export Processing Zones Authority & 3 others; Otieno (Interested Party) (Petition E133 of 2021) [2023] KEELRC 492 (KLR) (28 February 2023) (Ruling)

[2023] KEELRC 492 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
492
Citation
[2023] KEELRC 492 (KLR)
Decided
28 February 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypePetition for Review of JudgmentPostureApplication for Review of Judgment DeclinedCoramJAMES RIKA
The reappointment of Henry Obino is declared invalid, and the Interested Party is appointed as the new Substantive CEO.

Facts

The Board reappointed Henry Obino as Acting CEO of the EPZ Authority, which was challenged by Okoiti. The Interested Party, Ezekiel Owuor Otieno, was appointed as the new Substantive CEO.

Issues

  • Validity of reappointment of Henry Obino
  • Cabinet Secretary's authority to overrule the Board on CEO appointments
  • Audit report's relevance to the appointment process

Reasoning

The Court found the reappointment invalid due to irregularities in the appointment process and the lack of a proper audit report.

Outcome

Application for Review of Judgment Declined

Orders

  • Application for Review of Judgment Declined
  • Application irregularly filed through a skeleton file set aside
  • Parties to comply with the Judgment on record
  • No order on costs

Remedies

  • Appointment of Ezekiel Owuor Otieno as the new Substantive CEO

Authorities cited

Legislation (2)
  • State Corporations Act
  • Employment and Labour Relations Court Rules
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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