Gideon v Governor, Kericho County Government & 2 others; Kaptich & 4 others (Interested Parties) (Petition E002 of 2026) [2026] KEELRC 368 (KLR) (13 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 368
- Citation
- [2026] KEELRC 368 (KLR)
- Decided
- 13 February 2026
The Court finds the Petitioner's challenges are not timely and does not issue an injunction. The 1st Respondent is restrained from appointing any person whose name has been submitted by the Interested Parties as County Secretary, pending hearing and determination of the rest of the application.
Facts
The Petitioner is aggrieved by the recruitment process of the Interested Parties as members of the panel responsible for recruiting the County Secretary in Kericho County. The Petitioner faults the appointment of some Interested Parties on various grounds.
Issues
- Whether the recruitment process was unconstitutional
- Whether the Petitioner's challenges are timely
Reasoning
The Petitioner did not challenge the recruitment process at the appropriate time, and the panel is at the final phase of its mandate. The Court does not find it justifiable to issue an injunction.
Outcome
The application is dismissed, and the 1st Respondent is restrained from appointing any person whose name has been submitted by the Interested Parties as County Secretary.
Orders
- The petition and application shall be served upon the Respondents and the Interested Parties.
- The Respondents and the Interested Parties shall file their respective responses within 14 days of service.
- Pending hearing and determination of the application, the 1st Respondent is restrained from appointing any person whose name has been submitted by the Interested Parties to the 1st Respondent, for appointment as County Secretary, Kericho.
Remedies
- Suspension of approval and appointment of any person whose name has been submitted by the Interested Parties as County Secretary, pending hearing and determination of the rest of the application inter partes.
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