Wafula & 2 others v Public Service Commission & 4 others; Law Society of Kenya & 2 others (Interested Parties) (Petition E218, E217 & E226 of 2023 (Consolidated)) [2024] KEELRC 1283 (KLR) (24 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1283
- Citation
- [2024] KEELRC 1283 (KLR)
- Decided
- 24 May 2024
Summary at a glance
TypeJudicial ReviewPostureAppeal from a decision of the Public Service CommissionCoramBYRAM ONGAYA
The delay in appointing the successful candidate was unlawful and contravened constitutional rights
Facts
The Public Service Commission advertised a vacancy for the position of Chief Land Registrar, and the successful candidate was Dr. Mburu Peter Ng’ang’a. However, the Principal Secretary delayed implementing the appointment, and Mr. David Nyamaso Nyandoro was appointed instead.
Issues
- Deliberate delay in implementing the Public Service Commission's decision
- Appointment of the wrong candidate
Reasoning
The court found that the delay was without justifiable reason and violated the rights to fair labour practices and fair administrative action.
Outcome
Judicial review order of mandamus issued
Orders
- Principal Secretary and Cabinet Secretary to fully implement the Public Service Commission's decision
Remedies
- Appointment of Dr. Mburu Peter Ng’ang’a as Chief Land Registrar
Authorities cited
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