Kithuka v Meru University of Science & Technology (Employment and Labour Relations Petition E001 of 2023) [2024] KEELRC 298 (KLR) (16 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 298
- Citation
- [2024] KEELRC 298 (KLR)
- Decided
- 16 February 2024
Summary at a glance
TypeEmployment and Labour Relations PetitionPostureRespondent's appeal against the Petitioner's petitionCoramON MAKAU
The Petitioner has locus standi, the appointments were invalid, and the reliefs are granted.
Facts
The Petitioner challenges the appointment of Human Resource Manager and Corporation Secretary/Head of Legal Affairs in January 2023 without public advertisement, interviews, and competitive recruitment.
Issues
- Locus standi of the Petitioner
- Validity of the appointments
- Constitutional compliance of the appointments
- Grant of reliefs
Reasoning
The court found the Petitioner has the right to bring the petition, the appointments were not in accordance with the law, and the constitutionality was violated.
Outcome
Affirmative
Orders
- Declaration that the Respondent failed in its duty
- Declaration that the appointments are invalid
- Quashing of the appointments
- Other orders as deemed fit
Remedies
- Declaration
- Quashing of appointments
- Costs of the Petition
Authorities cited
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