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Kithuka v Meru University of Science & Technology (Employment and Labour Relations Petition E001 of 2023) [2024] KEELRC 298 (KLR) (16 February 2024) (Judgment)

[2024] KEELRC 298 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
298
Citation
[2024] KEELRC 298 (KLR)
Decided
16 February 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

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

Legislation (4)
  • Article 22 of the Constitution of Kenya, 2010
  • Article 258 of the Constitution of Kenya, 2010
  • Employment Act, 2007
  • State Corporations 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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