Gekonge v Cabinet Secretary, Ministry of Education & 4 others (Judicial Review Application E008 of 2024) [2024] KEELRC 13518 (KLR) (20 December 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13518
- Citation
- [2024] KEELRC 13518 (KLR)
- Decided
- 20 December 2024
Summary at a glance
TypeJudicial Review ApplicationPostureApplication for orders of certiorari and mandamus, declaratory, prohibitory and certiorari ordersCoramJAMES RIKA
The Court grants leave to the Applicant to apply for orders of certiorari and mandamus, declaratory, prohibitory and certiorari orders. The prayer for a stay of the decision appointing the 4th Respondent as Principal is denied.
Facts
The Applicant, Vincent Gekonge, brought an urgent application against the Cabinet Secretary, Ministry of Education, and other respondents regarding the appointment of Professor Charles Kipkirui Mutai as Principal of Bomet University College. The Applicant claims the appointment did not meet the standards of appointment into public office as per the Constitution of Kenya and the Public Service Commission Act.
Issues
- Appointment of the 4th Respondent as Principal of Bomet University College
- Stay of the decision appointing the 4th Respondent as Principal
- Reinstatement of the immediate former acting Principal
Reasoning
The Court finds that granting a stay would infringe the rights of the 4th Respondent and violates procedural rules. The substantive application will be heard in the presence of all parties.
Outcome
The application is granted leave to apply for orders of certiorari and mandamus, declaratory, prohibitory and certiorari orders.
Orders
- Leave granted to apply for orders of certiorari and mandamus
- Leave granted to apply for declaratory, prohibitory and certiorari orders
- Leave not to operate as an order of stay or reinstatement
Authorities cited
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