Gicheha v Nairobi County Water & Sewerage Company Limited (Petition E083 of 2022) [2023] KEELRC 632 (KLR) (14 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 632
- Citation
- [2023] KEELRC 632 (KLR)
- Decided
- 14 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for InjunctionPostureRespondent appealed the decisionCoramJK GAKERI, Mathew Nderi, Spry
Holding
The court found the advertisement to be fair and compliant with the Respondent's Human Resource Policy, and denied the injunction request.
Facts
The applicant, Gicheha, was appointed Acting Regional Manager-Informal Settlements Region by the Respondent in 2018. He had previously acted as Operations and Maintenance Manager. The position was advertised internally in 2021, but Gicheha was not invited for an interview due to his lack of a postgraduate degree.
Issues
- Whether the applicant's Notice of Motion is merited
- Whether the advertisement for the position was fair and compliant with the Respondent's Human Resource Policy
Reasoning
The court ruled that the advertisement was based on the competency requirements for the position, and that Gicheha was qualified to act in the higher post and was being paid appropriate allowances.
Outcome
Denied the applicant's request for an injunction
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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