Gikenyi B & 2 others v Mwaura & 9 others (Petition E001 of 2025) [2025] KEELRC 1321 (KLR) (9 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1321
- Citation
- [2025] KEELRC 1321 (KLR)
- Decided
- 9 May 2025
Summary at a glance
TypePublic Interest PetitionPostureRespondents' AppealCoramONGAYA
The court declared the appointments illegal, unconstitutional, and null and void.
Facts
The petitioners challenged the irregular, illegal, and non-competitive appointments of non-executive chairpersons of state corporations, alleging constitutional and statutory violations.
Issues
- Unconstitutionality of non-competitive appointments
- Statutory compliance in appointments
Reasoning
The court found that the appointments were not in accordance with the Constitution's merit-based and competitive criteria.
Outcome
Judicial Review Orders
Orders
- Quashing the gazette notice(s) and any documents and appointments
- General quashing of all appointments without adherence to constitutional merit-based criteria
- Compelling fresh and legal competitive appointments
- Prohibiting non-competitive appointments without adherence to constitutional and statutory dictates
Remedies
- Fresh and legal competitive appointments
- Prohibition on non-competitive appointments
Authorities cited
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