Ouma v Cabinet Secretary, Agriculture & another; Dima & 2 others (Interested Parties) (Petition E003 of 2024) [2024] KEELRC 880 (KLR) (24 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 880
- Citation
- [2024] KEELRC 880 (KLR)
- Decided
- 24 April 2024
Summary at a glance
TypePetition for Review of Public AppointmentsPostureRespondents' AppealCoramRADIDO
The Court found that the recruitment process was not in compliance with relevant laws and that the decision to forward the names of the Interested Party to the 1st Respondent for approval and/or appointment was not legal.
Facts
The Petitioner alleged that the recruitment process for the Managing Director of South Nyanza Sugar Co Ltd was contrary to the values and principles set out in Articles 10 and 232 of the Constitution, and was unlawful due to the Cabinet Secretary, Agriculture usurping the power of the Board of the Company; the State Corporations Advisory Committee not being involved in the process; and one of the applicants having integrity questions.
Issues
- Whether the recruitment process of the Chief Executive Officer, Sony Sugar Company Ltd was conducted in compliance with relevant laws?
- Whether the decision of the 2nd Respondent to forward the names of the Interested Party to the 1st Respondent for approval and/or appointment was legal?
Reasoning
The Court considered the Petition, Motion, affidavits, and submissions, and found that the recruitment process did not adhere to the national values and principles of public participation as contemplated by Articles 10 and 232 of the Constitution.
Outcome
The Court dismissed the Petition.
Authorities cited
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