Sidigu v Kolum & 5 others (Petition E034 of 2023) [2024] KEELRC 157 (KLR) (7 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 157
- Citation
- [2024] KEELRC 157 (KLR)
- Decided
- 7 February 2024
Summary at a glance
TypeLabor DisputePosturePetition for Judicial ReviewCoramRADIDO
The Court declared the appointment process unconstitutional and quashed the appointment of Moses Kiprop Kolum as Managing Director of Chemelil Sugar Company Ltd.
Facts
The Board of Directors of Chemelil Sugar Company Ltd advertised for the position of Managing Director, setting age and experience qualifications. Moses Kiprop Kolum, one of the applicants, was appointed despite being 58 years old, over the age limit specified in the advertisement. The Petitioner challenged the appointment as unconstitutional and contrary to the Employment Act.
Issues
- Unconstitutionality of the appointment process
- Violation of equal opportunities in public service recruitment
Reasoning
The Court found that the appointment process did not meet the values and principles of fair competition and equal opportunities as set out in the Constitution and Public Service (Values and Principles) Act.
Outcome
Judicial Review
Orders
- Declaration that the appointment process was unconstitutional
- Quashing of the appointment of Moses Kiprop Kolum as Managing Director
Remedies
- Judicial Review in the nature of certiorari
Authorities cited
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