REPUBLIC V MINISTRY OF PLANNING & ANOTHER EXPARTE MWANGI S. KIMENYI [2008] KEHC 2765 (KLR)
- Court
- High Court of Kenya
- Case number
- 2765
- Citation
- [2008] KEHC 2765 (KLR)
- Decided
- 25 April 2008
The court found that the Permanent Secretary had no power to nullify or terminate the contract and that the contract was valid.
Facts
The applicant was the Executive Director of KIPPRA. A contract of employment was signed on 8th February 1999, initially for five years. The applicant resigned on 1st September 2002, and a second contract was signed on 1st June 2004, purportedly by the Chairman of the Board, but the Permanent Secretary of the Ministry of Planning confirmed its validity.
Issues
- Validity of the second contract
- Excess of jurisdiction by the Permanent Secretary
Reasoning
The court ruled that the Permanent Secretary had no authority to terminate the contract, as the power to hire and fire vests in the Board, not the Permanent Secretary. The court declared the actions of the Permanent Secretary as null and void.
Outcome
The court found in favor of the applicant and declared the second contract valid.
Authorities cited
Legislation (2)
- State Corporations Act
- Executive Order
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