Shatsala & another v Kevin & 2 others (Petition 9 of 2023) [2024] KEELRC 1022 (KLR) (16 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1022
- Citation
- [2024] KEELRC 1022 (KLR)
- Decided
- 16 April 2024
The court found the appointment of Sagala Kemoli Kevin as Assistant Chief of Shirere Sub-Location unconstitutional, unlawful, and null and void.
Facts
Zacharia Shatsala and Herman Iganji filed a petition against Sagala Kemoli Kevin, the Principal Secretary, Ministry of Interior and National Administration, and the Deputy County Commissioner, Kakamega Central. The petition alleged that the appointment of Sagala Kemoli Kevin as Assistant Chief of Shirere Sub-Location was unconstitutional, unlawful, and null and void.
Issues
- Whether the petition meets the Constitutional threshold.
- Whether the recruitment process was procedural.
- Whether the 1st Respondent was qualified for the position of Assistant Chief.
- Whether the Petitioners are entitled to the reliefs sought.
Reasoning
The court determined that the recruitment process was not in accordance with the Constitution and that the 1st Respondent was not qualified for the position.
Outcome
The court declared the appointment unconstitutional, unlawful, and null and void.
Orders
- An order to re-advertise the vacant position of the assistant chief of Shirere Sub-Location.
- An order to issue a declaration that the appointment is unconstitutional, unlawful, and null and void.
Remedies
- Declaration that the appointment is unconstitutional, unlawful, and null and void.
- Re-advertisement of the vacant position.
Authorities cited
Legislation (1)
- Oaths and Statutory Declarations Act, Cap 15, Laws of Kenya
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