Republic v Kenya Vision 2030 Delivery Board & another Ex-parte Eng Judah Abekah [2015] KEHC 7078 (KLR)
- Court
- High Court of Kenya
- Case number
- 7078
- Citation
- [2015] KEHC 7078 (KLR)
- Decided
- 26 February 2015
The Court held that the Commission had jurisdiction to investigate the Applicant's complaint and that its recommendations could be enforced by an order of mandamus.
Facts
The Applicant, Eng. Judah Abekah, was appointed as a Director by the Kenya Vision 2030 Delivery Board (Board) for three years. The Board refused to renew his contract, citing poor performance. The Applicant appealed to the Minister, who renewed the contract for one year, but the Board did not allow him to return to work. The Applicant then sought the Commission on Administrative Justice (Commission) for intervention.
Issues
- Did the Commission have jurisdiction to determine the matter?
- Can the Commission's recommendations be enforced by an order of mandamus?
- Who should bear the costs of the proceedings?
Reasoning
The Court determined that the Commission had jurisdiction to investigate the Applicant's complaint and that its recommendations could be enforced by an order of mandamus.
Outcome
The Court granted the ex-parte application for an order of mandamus compelling the Board to comply with the Commission's recommendations.
Orders
- Order of mandamus compelling the Board to comply with the Commission's recommendations
Authorities cited
Legislation (1)
- Commission on Administrative Justice Act
Cases cited (1)
- THE MATTER OF THE PRINCIPLE OF GENDER REPRESENTATION IN THE NATIONAL ASSEMBLY AND THE SENATE [2012] eKLR
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