Bwanga v Executive Director, Anti-Counterfeit Authority & another (Employment and Labour Relations Judicial Review E001 of 2026) [2026] KEELRC 1250 (KLR) (8 May 2026) (Judgment)

Summary at a glance

Facts

The Applicant was transferred to an eastern regional office by the 2nd Respondent, and later allegedly reassigned back to the head office with unclear responsibilities. The 1st Respondent issued a letter and circular to close the eastern regional office.

Issues

• Whether the 1st Respondent has the power to create or abolish an office in the public service
• Whether the 1st Respondent's actions were in accordance with the Public Service Commission's human resource instruments

Reasoning

The Court ruled that the 1st Respondent's actions were unauthorized and in violation of the Public Service Commission's human resource instruments, and thus set aside the decision to reassign the Applicant and the circular to close the eastern regional office.

Outcome

In favor of the Applicant

Orders

• Temporary injunction to maintain the status quo
• Order setting aside the decision of the 1st Respondent to reassign the Applicant
• Order setting aside the decision of the 1st Respondent to close the eastern regional office
• Order declaring that neither the 1st Respondent nor the 2nd Respondent has the power to create or abolish an office in the public service

Remedies

• Costs of the application to be paid by the 1st Respondent

Authorities cited