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Ngei v County Chief Officer Public Service Management and Devolution; Migori County Public Service Board (Interested Party) (Judicial Review E024 of 2023) [2024] KEELRC 1129 (KLR) (2 May 2024) (Judgment)

[2024] KEELRC 1129 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1129
Citation
[2024] KEELRC 1129 (KLR)
Decided
2 May 2024
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

TypeJudicial ReviewPostureAppeal from a previous rulingCoramCN BAARI, Dyson L.
The Court has jurisdiction and the applicant has locus to institute the proceedings. The advertisements and recruitments were not in violation of the law.

Facts

The applicant, Marvin Omondi Ngei, sought to quash public advertisements and subsequent recruitments of contracted security guards and temporary employees by the County Chief Officer Public Service Management and Devolution.

Issues

  • Whether the Court has jurisdiction to entertain the matter
  • Whether the applicant has the requisite locus to institute the proceedings
  • Whether the advertisements and consequent recruitments were in violation of the law
  • Whether the applicant is entitled to the reliefs sought

Reasoning

The Court dismissed the Preliminary Objection on jurisdiction, finding that the applicant has locus to institute the proceedings. The advertisements and recruitments were not in violation of the law as they were in line with the directive from the County Executive Committee.

Outcome

The motion was dismissed.

Authorities cited

Legislation (2)
  • Constitution of Kenya, 2010
  • Fair Administrative Actions Act
Cases cited (6)
  • Judicial Service Commission V Mbalu Mutava & another (2015) eKLR
  • Article 22 of the Constitution of Kenya, 2010
  • Article 3(1) of the Constitution of Kenya, 2010
  • Article 23 of the Constitution of Kenya, 2010
  • Article 47(1) of the Constitution of Kenya, 2010
  • Section 5 (2) (b) & (c) of the Fair Administrative Actions Act
⚠ 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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